Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Personal Injuries Actions) 2004

Scottish Statutory Instruments

2004 No. 291

COURT OF SESSION

Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Personal Injuries Actions) 2004

Made

8th June 2004

Coming into force

29th June 2004

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988(1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Personal Injuries Actions) 2004 and shall come into force on 29th June 2004.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994(2) shall be amended in accordance with the following sub-paragraphs.

(2) For rule 43.1(3) (disapplication of certain rules to personal injuries actions), there shall be substituted the following:–

“(3) The following rules shall not apply to an action to which this Chapter applies–

• rule 4.9(2) (prorogation of time for lodging document),

• rule 6.2 (fixing and allocation of diets in Outer House),

• rule 13.2 (form of summonses),

• rule 13.6A(1)(a) (arrestment to found jurisdiction),

• rule 13.7 (service and intimation of summonses),

• rule 13.13(6) (falling of instance),

• rule 18.1(1)(b) (defences to include pleas-in-law),

• rule 22.1 (making up open record),

• rule 22.2 (adjustment),

• rule 22.3 (closing record),

• rule 36.3 (lodging productions).”.

(3) In the appendix for Form 43.2–A (form of summons and backing in personal injuries action) and Form 43.2–B (form of order of court in personal injury action for recovery of documents) there shall be substituted respectively the forms set out in the Schedule to this Act of Sederunt.

Cullen of Whitekirk

Lord President I.P.D.

Edinburgh

8th June 2004

SCHEDULE

Rule 43.2(1)

Form 43.2-A Form of summons and backing in personal injuries action

Rule 43.2(4)

Form 43.2-B Form of order of court for recovery of documents in personal injuries action

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes various minor amendments to the rules of procedure and forms which are to be used for personal injuries actions in the Court of Session.

(1)

1988 c. 36; section 5 was amended by the Civil Evidence (Scotland) Act 1988 c. 32, section 2(3) and by the Children (Scotland) Act 1995 c. 36, Schedule 4, paragraph 45.

(2)

S.I. 1994/1443, last amended by S.S.I. 2004/151.