Sheriff Courts (Scotland) Act 1907

Actions based on clinical negligence S

[F1 [F2 36.C1. (1) This rule applies to a personal injuries action based on alleged clinical negligence.

(2) Where a pursuer intends to make an application under paragraph (3) to have the cause appointed to the procedure in Chapter 36A (case management of certain personal injuries actions), the pursuer must—

(a) present the initial writ for warranting in Form G1 (form of initial writ); and

(b) include in the initial writ a draft interlocutor in Form PI4 (form of interlocutor appointing the cause to the procedure in Chapter 36A).

(3) At the same time as an initial writ which includes a draft interlocutor in Form PI4 is presented for warranting, the pursuer must lodge a written application in the form of a letter addressed to the sheriff clerk to have the cause appointed to the procedure in Chapter 36A.

(4) On the making of an application under paragraph (3), the initial writ will be placed before a sheriff in chambers and in the absence of the parties.

(5) On consideration of the initial writ in accordance with paragraph (4), the sheriff may—

(a) after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, appoint the cause to the procedure in Chapter 36A by signing the draft interlocutor in the initial writ; or

(b) fix a hearing.

(6) The sheriff clerk must notify the parties of the date and time of any hearing under paragraph (5)(b).

(7) At a hearing under paragraph (5)(b), the sheriff may—

(a) refuse the application; or

(b) after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, appoint the cause to the procedure in Chapter 36A by signing the draft interlocutor in the initial writ.

(8) Where the sheriff appoints the cause to the procedure in Chapter 36A under paragraph (5)(a) or (7)(b)—

(a) the sheriff or, as the case may be, the sheriff clerk must sign a warrant in accordance with rule 5.1 (signature of warrants);

(b) the cause will proceed in accordance with Chapter 36A rather than in accordance with personal injuries procedure.

(9) In this rule—

• “clinical negligence” means a breach of duty of care by a health care professional in connection with that person’s diagnosis or the care and treatment of any person, by act or omission, while the health care professional was acting in a professional capacity;

• “health care professional” includes—

  (a)

  a registered medical practitioner;

  (b)

  a registered nurse; or

  (c)

  any other member of a profession regulated by a body mentioned in section 25(3) (the Professional Standards Authority for Health and Social Care) of the National Health Service Reform and Health Care Professions Act 2002.]]

Textual Amendments

F1 Sch. 1 Ch. 36 Pt. A1 inserted (2.11.2009) by Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (S.S.I. 2009/285), paras. 1(1), 2(6) (with para. 3)

F2 Sch. 1 rule 36.C1 substituted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(8) (with para. 11(2)(3))