Sheriff Courts (Scotland) Act 1907

Application of other rules S

[F1 36.E1. (1) Subject to rule 36.F1, a defended personal injuries action shall, instead of proceeding in accordance with Chapter 9 (standard procedure in defended causes), proceed in accordance with personal injuries procedure.

(2) Paragraph (1) does not apply to a personal injuries action in respect of which the sheriff has granted an application under rule 36.C1(2).

(3) Paragraphs (4) to (14) apply to a personal injuries action proceeding in accordance with personal injuries procedure.

(4) Despite paragraph (1), the following rules of Chapter 9 apply—

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

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

(c) rule 9.5 (process folder);

(d) rule 9.6 (defences); and

(e) rule 9.7 (implied admissions).

(5) But the defences shall not include a note of pleas-in-law.

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

(7) In the application of rule 18.5(1)(a) (service of amended pleadings), the sheriff shall order any timetable issued in terms of rule 36.G1 to be served together with a copy of the initial writ or record.

(8) Rule 18.5(3) (fixing of hearing following service of amended pleadings and lodging of notice of intention to defend) shall not apply.

(9) In the application of rule 19.1 (counterclaims) a counterclaim may also include—

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

(b) a specification of documents in Form PI2.

(10) In rule 19.4 (disposal of counterclaims), paragraph (b) shall not apply.

(11) In the application of rule 20.4(3) (service on third party), any timetable already issued in terms of rule 36.G1 shall also be served with a third party notice.

(12) In the application of rule 20.6 (procedure following answers)—

(a) paragraphs (1) and (2) shall not apply; and

(b) where a third party lodges answers, any timetable already issued under rule 36.G1 shall apply to the third party.

(13) Chapters 22 (preliminary pleas) and 28A (pre-proof hearing) shall not apply.

(14) In relation to an action proceeding in accordance with personal injuries procedure—

(a) references elsewhere in these Rules to the condescendence of an initial writ or to the articles of the condescendence shall be construed as references to the statement required under rule 36.B1(1) and the numbered paragraphs of that statement;

(b) references elsewhere in these Rules to pleas-in-law, an open record, a closed record or a record for an Options Hearing shall be ignored;

(c) references elsewhere in these Rules to any action carried out before or after the closing of the record shall be construed as references to that action being carried out before, or as the case may be, after, the date fixed for completion of adjustment under [F2 rule 36.G1(1A)(c)] .]

Textual Amendments

F1 Sch. 1 Ch. 36 Pt. AI 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)

F2 Words in Sch. 1 rule 36.E1(14)(c) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 4(2) (with para. 4(8))