Biggart Baillie Solicitors

New Sheriff Court Rules for Personal Injuries Actions

Wednesday, October 21, 2009

by David Stevenson

Introduction

For several years there has been a dedicated procedure for dealing with personal injury actions in the Court of Session. This procedure was introduced in 2003 following the recommendations of a working party led by Lord Coulsfield. At the time, the procedure was a major departure from the existing court rules. From 2 November 2009 a new set of procedural rules, known as the “personal injuries procedure” will be introduced in the Sheriff Court and will apply to all personal injury actions raised after that date where the sum sued for is more than £5,000. The new Sheriff Court procedure is almost identical to the procedure in the Court of Session and is intended to speed up the process of dealing with personal injuries actions.

Simplified Pleadings

One of the main changes is that the initial writ (the claimant’s written pleadings) will be simplified and will only contain a brief statement of the facts necessary to establish the claim. Currently written pleadings can often be lengthy and contain detailed statements of fact and law.

The new rules will allow the claimant to ask for an order to let him recover certain documents at the start of the court action. Documents that can be recovered include GP and hospital records, as well as earnings details. These documents are essential for quantifying the claim.

Timetable

The court will issue a timetable for the action setting out the dates by which certain steps must be taken. This will include a date for Proof (trial), the Hearing at which evidence is led, no later than 9 months after defences have been lodged. The fixing of an early date for Proof is an important aspect of the new procedure.

New Procedural Steps

Several new procedural steps have been introduced with a view to focusing the attention of the parties on the issues in dispute and the possibility of settlement.

Each party must produce a statement of valuation of claim, together with a list of supporting documents. The statement should set out the various elements of the claim and the value that each party places on them. This information is essential if meaningful settlement negotiations are to take place.

The rules also introduce pre proof conferences, which are the equivalent of pre trial meetings under the Court of Session procedure. The parties must meet at least 4 weeks before the date of the Proof (trial) to discuss settlement of the action and to agree the matters that are not in dispute. During the pre proof conference, a representative of each party must have access to the party or another person who has authority to authorise settlement. This measure is designed to encourage settlement before the date of the Proof itself, thus avoiding the expense involved in the final preparations for Proof.

Conclusion

It is hoped that the simplified Sheriff Court procedure for personal injury will help to prevent unnecessary delay and expense in routine personal injury actions. If experience of the Court of Session procedure is anything to go by, the procedure will lead to more cases being disposed of swiftly, particularly by way of prompt negotiated settlements.