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Sheriff Courts (Scotland) Act 1907

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PART IIIS PROVISIONAL DAMAGES FOR PERSONAL INJURIES
Application and interpretation of this PartS

36.11.(1)This Part applies to an action of damages for personal injuries.

(2)In this Part—

  • “the Act of 1982” means the M1Administration of Justice Act 1982;

  • “further damages” means the damages referred to in section 12(4)(b) of the Act of 1982;

  • “provisional damages” means the damages referred to in section 12(4)(a) of the Act of 1982.

Marginal Citations

Applications for provisional damagesS

36.12.An application under section 12(2)(a) of the Act of 1982 for provisional damages for personal injuries shall be made by including in the initial writ—

(a)a crave for provisional damages;

(b)averments in the condescendence supporting the crave, including averments—

(i)that there is a risk that, at some definite or indefinite time in the future, the pursuer will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration of his physical or mental condition; and

(ii)that the defender was, at the time of the act or omission which gave rise to the cause of action, a public authority, public corporation or insured or otherwise indemnified in respect of the claim; and

(c)an appropriate plea-in-law.

Applications for further damagesS

36.13.(1)An application for further damages by a pursuer in respect of whom an order under section 12(2)(b) of the Act of 1982 has been made shall be made by minute in the process of the action to which it relates and shall include—

(a)a crave for further damages;

(b)averments in the statement of facts supporting that crave; and

(c)appropriate pleas-in-law.

(2)On lodging such a minute in process, the pursuer shall apply by motion for warrant to serve the minute on—

(a)every other party; and

(b)where such other party is insured or otherwise indemnified, his insurer or indemnifier, if known to the pursuer.

(3)Any such party, insurer or indemnifier may lodge answers to such a minute in process within 28 days after the date of service on him.

(4)Where answers have been lodged under paragraph (3), the sheriff may, on the motion of any party, make such further order as to procedure as he thinks fit.

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