Sheriff Courts (Scotland) Act 1907

Procedural Hearing S

[F1 36A.9. (1) At the Procedural Hearing, the sheriff, after considering the written statements lodged by the parties under rule 36A.8 and hearing from the parties, is to determine whether the action should be appointed to debate or sent to proof on the whole or any part of the action.

(2) Before determining whether the action should be appointed to debate the sheriff is to hear from the parties with a view to ascertaining whether agreement can be reached on the points of law in contention.

(3) Where the action is appointed to debate, the sheriff may order that written arguments on any question of law are to be submitted.

(4) Before determining whether the action should be sent to proof, the sheriff is to hear from parties with a view to ascertaining—

(a) the matters in dispute between the parties;

(b) the readiness of parties to proceed to proof; and

(c) without prejudice to the generality of subparagraphs (a) and (b)—

(i) whether reports of skilled persons have been exchanged;

(ii) the nature and extent of the dispute between skilled persons;

(iii) whether there are facts that can be agreed between parties, upon which skilled persons can comment;

(iv) the extent to which agreement can be reached between the parties on the relevant literature upon which skilled persons intend to reply;

(v) whether there has been a meeting between skilled persons, or whether such a meeting would be useful;

(vi) whether a proof on a particular issue would allow scope for the matter to be resolved;

(vii) whether witness statements have been exchanged;

(viii) whether any party is experiencing difficulties in obtaining precognition facilities;

(ix) whether all relevant records have been recovered and whether there is an agreed bundle of medical records;

(x) whether there is a relevant case that is supported by evidence of skilled persons;

(xi) if there is no evidence of skilled persons to support a relevant case, whether such evidence is necessary;

(xii) whether there is a relevant defence to any or all of the cases supported by evidence of skilled persons;

(xiii) if there is no evidence of skilled persons to support a relevant defence, whether such evidence is necessary;

(xiv) whether causation of some or all of the injuries is the main area of dispute and, if so, what the position of the respective skilled person is;

(xv) whether valuations have been, or could be, exchanged;

(xvi) if valuations have been exchanged showing a significant disparity, whether parties should be asked to provide an explanation for such disparity;

(xvii) whether a joint minute has been considered;

(xviii) whether any of the heads of damage can be agreed;

(ixx) whether any orders would facilitate the resolution of the case or the narrowing of the scope of the dispute;

(xx) whether a pre-trial meeting should be fixed;

(xxi) whether amendment, other than updating, is anticipated; and

(xxii) the time required for proof.

(5) Where the action is sent to proof the sheriff must—

(a) fix a date for the hearing of the proof;

(b) fix a pre-proof timetable in accordance with rule 36A.10.

(6) The sheriff may fix a further Procedural Hearing—

(a) on the motion of any party;

(b) on the sheriff’s own initiative.

(7) A further hearing under paragraph (6) may be fixed—

(a) at the Procedural Hearing or at any time thereafter;

(b) whether or not the action has been appointed to debate or sent to proof.]

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))