PART ISINTIMATION TO CONNECTED PERSONS IN CERTAIN ACTIONS OF DAMAGES
Application and interpretation of this PartS
43.1.—(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 Damages (Scotland) Act 1976(1).
Commencement Information
I1Sch. 2 rule 43.1 in force at 5.9.1994, see para. 1(1)
Averments in actions to which this Part appliesS
43.2. 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 warrant 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 the sum of £200 each.
Commencement Information
I2Sch. 2 rule 43.2 in force at 5.9.1994, see para. 1(1)
Warrants for intimationS
43.3.—(1) Where the pursuer makes averments under rule 43.2(b) (existence of connected persons), he shall insert a warrant for intimation in the summons in the following terms:— “Warrant to intimate (name and address) as a person who is believed to have title to sue the defender in an action in respect of the personal injuries from which the late (name and last place of residence) died [or the death of the late (name and last place of residence)].”.
(2) A notice of intimation in Form 43.3 shall be attached to the copy of the summons where intimation is given on a warrant under paragraph (1).
Commencement Information
I3Sch. 2 rule 43.3 in force at 5.9.1994, see para. 1(1)
Applications to dispense with intimationS
43.4.—(1) Where the pursuer makes averments under rule 43.2(c) (dispensing with intimation to connected persons), he shall apply by motion for an order to dispense with intimation.
(2) In determining a motion under paragraph (1), the court shall have regard to–
(a)the desirability of avoiding 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 court is not satisfied that intimation to a connected person should be dispensed with, it may–
(a)order intimation to a connected person whose name and whereabouts are known;
(b)order the pursuer to take such further steps as it may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and
(c)order that such advertisement be made in such manner, in such place and at such times as it may specify in the interlocutor.
Commencement Information
I4Sch. 2 rule 43.4 in force at 5.9.1994, see para. 1(1)
Subsequent disclosure of connected personsS
43.5. Where the name or whereabouts of a person, in respect of whom the court has dispensed with intimation on a ground specified in rule 43.2(c) (dispensing with intimation to connected persons), subsequently becomes known to the pursuer while the action is depending before the court, the pursuer shall apply by motion under rule 13.8(1) (warrants after signeting) for a warrant for intimation to such a person; and such intimation shall be made in accordance with rule 43.3(2).
Commencement Information
I5Sch. 2 rule 43.5 in force at 5.9.1994, see para. 1(1)
Connected persons entering processS
43.6.—(1) A connected person may apply to the court by minute in the process of the action craving leave to be sisted as an additional pursuer to the action.
(2) Such a minute shall also–
(a)crave leave of the court to adopt the existing grounds of action and to amend the conclusions, condescendence and pleas-in-law; or
(b)set out separate conclusions, a statements of facts and appropriate pleas-in-law.
(3) Before lodging such a minute in process, the minuter shall intimate to every party a copy of the minute and the date on which it will be lodged.
(4) Any party may lodge answers to such a minute in process within 14 days after the minute has been lodged.
Commencement Information
I6Sch. 2 rule 43.6 in force at 5.9.1994, see para. 1(1)
Failure to enter processS
43.7. 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 brings 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.
Commencement Information
I7Sch. 2 rule 43.7 in force at 5.9.1994, see para. 1(1)
1976 c. 13; Schedule 1 was amended by the Administration of Justice Act 1982 (c. 53), section 14(4) and by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 15.