Sheriff Courts (Scotland) Act 1907

Application and interpretation of this Chapter S

[F1 36A.1. (1) This Chapter applies to actions appointed to the procedure in this Chapter by virtue of rule 36.C1 (actions based on clinical negligence), rule 36.F1 (disapplication of personal injuries procedure), or under paragraph (2).

(2) The sheriff may, after considering the likely complexity of an action and being satisfied that the efficient determination of the action would be served by doing so, appoint an action to which Chapter 36 applies (including actions relating to catastrophic injuries) to the procedure in this Chapter, rather than personal injuries procedure.

(3) Any party to an action may apply by motion to have the action withdrawn from the procedure in this Chapter.

(4) No motion under paragraph (3) will be granted unless the court is satisfied that there are exceptional reasons for not following the procedure in this Chapter.

(5) These Rules apply to an action to which this Chapter applies, subject to the following modifications—

(a) Chapters 9, 9A, 10, 22 and 28A do not apply;

(b) despite subparagraph (a), the following rules of Chapter 9 apply—

(i) rule 9.1 (notice of intention to defend);

(ii) rule 9.3 (return of initial writ);

(iii) rule 9.5 (process folder);

(iv) rule 9.6 (defences);

(v) rule 9.7 (implied admissions);

(c) in the application of rule 18.3(1) (applications to amend), a minute of amendment lodged in process must include, where appropriate, confirmation as to whether any warrants are sought under rule 36.B1(2)(a) (warrants for intimation) or whether a specification of documents is sought under rule 36.B1(2)(b) (specification of documents);

(d) rule 18.5(3) (fixing of hearing following service of amended pleadings and lodging of notice of intention to defend) does not apply;

(e) in the application of rule 19.1 (counterclaims) a counterclaim may also include—

(i) warrants for intimation so far as permitted under these Rules; and

(ii) a specification of documents in Form PI2;

(f) in rule 19.4 (disposal of counterclaims), paragraph (b) does not apply;

(g) in the application of rule 20.6 (procedure following answers)—

(i) paragraphs (1) and (2) do not apply; and

(ii) where a third party lodges answers, any timetable already fixed under rule 36A.9(5)(b) will apply to the third party;

(h) rule 29.11 does not apply;

(i) references elsewhere in these Rules to an Options Hearing are to be ignored; and

(j) references elsewhere in these Rules to any action carried out before or after the closing of the record will be construed as references to that action being carried out before, or as the case may be, after, the closing of the record under rule 36A.7.

(6) In this Chapter—

• “personal injuries”, “personal injuries action” and “personal injuries procedure” have the meanings given in rule 36.A1;

• “witness statement” means a written statement containing a factual account conveying the evidence of the witness;

• “proof” includes jury trial where an action is proceeding in the all Scotland sheriff court, and references to an action being sent to proof are to be construed as including the allowing of a jury trial in the action.]

Textual Amendments

F1 Sch. 1 Ch. 36A inserted (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(14) (with para. 11(2)(3)) (as amended 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. 2015/296), paras. 1(2), 4(2))