Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Personal Injuries Actions etc.) 2007

Explanatory Note

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

This Act of Sederunt makes various amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443), particularly those relating to personal injury actions.

Paragraph 2(2), (5) and (6) makes provision for authority to be sought to commence an action based on clinical negligence as an ordinary action rather than under the personal injuries rules.

Paragraph 2(3) makes further provision in relation to the procedure to be followed when a party dies before the disposal of a cause.

Paragraph 2(4) makes provision for an application for authority to make a video recording of proceedings before a commissioner appointed to take the evidence of a witness.

Paragraph 2(7) amends the rules relating to personal injuries actions so that a By Order hearing is not always required where the pursuer fails to lodge a record within the timetable issued by the Keeper of the Rolls.

Paragraph 2(8) amends the rules relating to personal injuries actions by making provision for the lodging of documents which support a statement of valuation of claim or a revised statement of valuation of claim.

Paragraph 2(9) makes special provision for personal injury actions in which the personal injury is mesothelioma and a liability to the relatives of the pursuer may arise under section 1(2A) of the Damages (Scotland) Act 1976 which was inserted by the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007.

Paragraph 2(10) makes amendments to the standard specification of documents in personal injuries actions and the form of minute of a pre-trial meeting in those actions. It also provides a form of petition for the application for authority to commence an action based on clinical negligence as an ordinary action referred to above.