Textual Amendments
F1Sch. 1 (with appendix) substituted by S.I. 1983/747, art. 3
Modifications etc. (not altering text)
C1Sch. 1: certain rules and forms applied by S.I. 1976/476, para. 3, S.I. 1988/1976, para. 2(1), Sch. rule 2, Appendix 2 and S.I. 1990/661, para. 3
C2Sch. 1 applied by Bankruptcy Act 1985 (c. 66, SIF 66), s. 47(4) (as amended by S.I. 1986/517, para. 5)
Textual Amendments
F2Rules 144–149 inserted (retrospectively as to rules 147–149) by S.I. 1984/921 paras. 3, 4(2)
Textual Amendments
F3Rules 150-154 and heading inserted (5.4.1993) by S.I. 1993/919, para. 2(2)
150In this Part of the Rules–
“the Act of 1991” means the Child Support Act 1991 F5;
“child” has the meaning assigned in section 55 of the Act of 1991; and
“crave relating to aliment” means–
for the purposes of rule 151(1), a crave for decree of aliment in relation to a child or for recall or variation of such a decree; and
for the purposes of rule 151(3), a crave for decree of aliment in relation to a child or for the recall or variation of such a decree or for the variation or termination of an agreement on aliment in relation to a child; and
“maintenance assessment” has the meaning assigned in section 55 of the Act of 1991.
Textual Amendments
F4Sch. 1, rules 150-154 inserted (5.4.1993) by S.I. 1993/919, art. 2(2)
Textual Amendments
F2Rules 144–149 inserted (retrospectively as to rules 147–149) by S.I. 1984/921 paras. 3, 4(2)
Textual Amendments
F6Rules 144–149 inserted (retrospectively as to rules 147–149) by S.I. 1984/921 paras. 3, 4(2)
144(1)This rule and rules 145 and 146 apply to any action in which, following the death of any person from personal injuries, damages are claimed either by the executor of the deceased in respect of the relevant injuries, or by any relative of the deceased in respect of the death of the deceased.
(2)The term “relative” shall have the meaning assigned to it by section 10 of and Schedule 1 to the Damages (Scotland) Act 1976.
145(1)In an action to which rule 144 applies the pursuer shall specify in the initial writ—
(a)that he is the only person with a title to sue the defender in respect of the injuries or death, or
(b)that there are other persons having a title to sue the defender in respect of the injuries or death and shall name and design such persons, or
(c)that there are other persons having a title to sue the defender but whose names or whereabouts are to the pursuer unknown and cannot reasonably be ascertained.
(2)The sheriff shall grant warrant for intimation of the action to any person named and designed in the initial writ in terms of sub-paragraph (b) of paragraph (1) hereof and the pursuer shall intimate the action to every such person as nearly as may be in accordance with Form CC as set out in the Appendix to this Schedule.
(3)The sheriff may, on the motion of a party to the action, orex proprio motu order such advertisement of the action or intimation of it to be made to such persons as he deems appropriate.
146(1)A person to whom intimation has been made in accordance with rule 145 may apply to the sheriff to be sisted as an additional pursuer in the action and such person shall give notice of his application to all parties to the action.
(2)Where a person to whom intimation has been made in accordance with rule 145 does not apply to be sisted as an additional pursuer in the existing action but subsequently raises a further action against the same defender in respect of the same injuries or death, that person shall not, except on cause shown, be awarded the expenses of the subsequent action.
147(1)In any action of damages for personal injuries, the pursuer may at any time after the lodging of defences apply to the sheriff for an order that the defender or, where there are two or more defenders, any one or more of the defenders, make aninterim payment of damages.
(2)An application in terms of paragraph (1) shall be made by motion which shall be served on the defender or defenders on a period of notice of [F721] days.
(3)If after hearing the parties on the motion the sheriff is satisfied either—
(a)that the defender or defenders have admitted liability in the pursuer’s action, or
(b)that, if the action proceeded to proof, the pursuer would succeed in the action on the question of liability without any substantial finding of contributory negligence on his part or on the part of any person in respect of whose injury or death the pursuer’s claim arises, and would obtain decree for damages against the defender or, where there are two or more defenders, against any one or more of them,
the sheriff may, if he thinks fit, order the defender or, where there are two or more defenders, any one or more of them, to make aninterim payment to the pursuer of such amount, not exceeding such reasonable proportion of the damages which in the opinion of the sheriff is likely to be recovered by the pursuer, as he deems appropriate.
(4)A payment ordered to be made in terms of paragraph (3) may be ordered to be made in a lump sum or otherwise as the sheriff may deem appropriate.
(5)The sheriff shall not make an order under this rule unless he is satisfied that the defender concerned is either—
(a)a person who is insured in respect of the pursuer’s claim, or
(b)a public authority, or
(c)a person whose means and resources are such as to enable him to make aninterim payment.
(6)Notwithstanding the making or refusal of an order forinterim payment, a second or subsequent application may be made upon cause shown by reason of a change of circumstances.
(7)Subject to the terms of rule 128 or otherwise as the sheriff in his discretion may determine, anyinterim payment shall be made to the pursuer.
(8)The provisions of this rule shall applymutatis mutandis to a counter-claim for damages for personal injury made by a defender.
(9)For the purposes of this rule the term “personal injuries” shall include any disease or any impairment of a person’s physical or mental condition.
Textual Amendments
F7 “21” substituted by S.I. 1988/1978, para. 17
148Where a defender has made aninterim payment in terms of rule 147 the sheriff may, when granting final decree, make such order with respect to theinterim payment as he deems necessary to give effect to the defender’s final liability to the pursuer, and in particular may order—
(a)that the pursuer repay to the defender any sum by which theinterim payment exceeds the amount which the defender is liable to pay to the pursuer, or
(b)that any other defender or third party make payment of any part of theinterim payment which the defender who made it is entitled to recover from that other defender or third party by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the pursuer’s claim.
149An application for a further award of damages in terms of section 12 of the M2Administration of Justice Act 1982 (award of provisional damages for personal injuries) shall be made by minute in the original process.