New Pre-Action Protocol

Jul 25, 2016

New Rules introduce a compulsory Personal Injury Pre-Action Protocol which will apply to certain claims of damages up to the value of £25,000 in local sheriff courts and the all-Scotland Personal Injury Court. 

The Protocol sets out the steps parties will be expected to take before an action is raised in court. The new Rules also give the court power to make an award of expenses against a party who fails to comply with these requirements. The Protocol, which comes into force on 28 November 2016, aims to encourage the fair, just and timely settlement of claims for damages so that only those cases which cannot be agreed between parties will be lodged in court. See the Rules section for more information.

New Rules

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The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat scjc@scotcourts.gov.uk