Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
36.1.(1)This Part applies to an action of damages in which, following the death of any person from personal injuries, damages are claimed—
(a)by the executor of the deceased, in respect of the injuries from which the deceased died; or
(b)by any relative of the deceased, in respect of the death of the deceased.
(2)In this Part—
“connected person” means a person, not being a party to the action, who has title to sue the defender in respect of the personal injuries from which the deceased died or in respect of his death;
“relative” has the meaning assigned to it in Schedule 1 to the M1Damages (Scotland) Act 1976.
Marginal Citations
M11976 c.13; Schedule 1 was amended by the Administration of Justice Act 1982 (c.53), section 14(4).
36.2.In an action to which this Part applies, the pursuer shall aver in the condescendence, as the case may be—
(a)that there are no connected persons;
(b)that there are connected persons, being the persons specified in the crave for intimation;
(c)that there are connected persons in respect of whom intimation should be dispensed with on the ground that—
(i)the names or whereabouts of such persons are not known to, and cannot reasonably be ascertained by, the pursuer; or
(ii)such persons are unlikely to be awarded more than £200 each.
36.3.(1)Where the pursuer makes averments under rule 36.2(b) (existence of connected persons), he shall include a crave in the initial writ for intimation to any person who is believed to have title to sue the defender in an action in respect of the death of the deceased or the personal injuries from which the deceased died.
(2)A notice of intimation in Form D1 shall be attached to the copy of the initial writ where intimation is given on a warrant under paragraph (1).
36.4.(1)Where the pursuer makes averments under rule 36.2(c) (dispensing with intimation to connected persons), he shall apply by crave in the initial writ for an order to dispense with intimation.
(2)In determining an application under paragraph (1), the sheriff shall have regard to—
(a)the desirability of avoiding a multiplicity of actions; and
(b)the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.
(3)Where the sheriff is not satisfied that intimation to a connected person should be dispensed with, he may—
(a)order intimation to a connected person whose name and whereabouts are known;
(b)order the pursuer to take such further steps as he may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and
(c)order advertisement in such manner, place and at such times as he may specify in the interlocutor.
36.5.Where the name or whereabouts of a person, in respect of whom the sheriff has dispensed with intimation on a ground specified in rule 36.2(c) (dispensing with intimation to connected persons), subsequently becomes known to the pursuer, the pursuer shall apply to the sheriff by motion for a warrant for intimation to such a person; and such intimation shall be made in accordance with rule 36.3(2).
36.6.(1)A connected person may apply by minute craving leave to be sisted as an additional pursuer to the action.
(2)Such a minute shall also crave leave of the sheriff to adopt the existing grounds of action, and to amend the craves, condescendence and pleas-in-law.
(3)The period within which answers to a minute under this rule may be lodged shall be 14 days from the date of intimation of the minute.
(4)[F2Rule 14.13 (procedure following grant of minute)] shall not apply to a minute to which this rule applies.
Textual Amendments
F2Words in sch. 1 rule 36.6(4) substituted (1.11.1996) by S.I. 1996/2445, para. 3(62)
36.7.Where a connected person to whom intimation is made in accordance with this Part—
(a)does not apply to be sisted as an additional pursuer to the action,
(b)subsequently raises a separate action against the same defender in respect of the same personal injuries or death, and
(c)would, apart from this rule, be awarded the expenses or part of the expenses of that action,
he shall not be awarded those expenses except on cause shown.