Sheriff Court - New Rules for Personal Injury
On 2nd November 2009, there will be sweeping changes to the Sheriff Court Ordinary Cause
Rules as they relate to actions resulting from personal injury or fatal accidents. In effect
these changes introduce Lord Coulsfield's approach to the handling of such actions, a system that
has been in place in the Court of Session since 2003. In terms of Act of Sederunt
(Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 a new Chapter 36 is
introduced. The Rules remove the need for judicial intervention until a proof
hearing is required instead. A timetable will be produced by the sheriff clerk, setting out
the dates when various steps need to be taken. These include dates for:
- the lodging of formal valuations by both parties,
- the dates by which a pre-proof conference required,
- when the minute of that meeting needs to be lodged,
- the date for proof (nine months from the start of the action).
The need for early and full preparation of reparation actions is now paramount, as both
pursuing and defending solicitors have more responsibility for the progress of the case.
A Seminar by Digby Brown Solicitors
Using experience of current Court of Session procedures, this seminar is aimed to provide an
insight into the operation of the new Sheriff Court rules, particularly from the pursuer's
perspective. An overview of the new rules will be given along with practical advice on
how best to prepare for, and proceed under the new system. Our panel will be available
to answer any questions that you may have.
Who should attend
Any solicitor who deals with personal injury cases will require to be familiar with the new
Chapter 36 which comes into force on 2nd November 2009. The seminar will count as 1
hour towards your CPD through the Law Society of Scotland. To attend the seminar please fill
in your detail overleaf.
To attend the seminar
click here.
For further information call Ross Slater on
0141 566 9510 or David Wilson on
0141 566 9410
The seminars are free of charge due to the kind support of our sponsors.