All Scotland Personal Injury Court ‘ASPIC’
Produced in partnership with Frank Hughes of BLM
All Scotland Personal Injury Court ‘ASPIC’

The following PI & Clinical Negligence guidance note Produced in partnership with Frank Hughes of BLM provides comprehensive and up to date legal information covering:

  • All Scotland Personal Injury Court ‘ASPIC’
  • The Court’s background and name
  • ASPIC Rules, directions, Practice Notes and designations
  • The ASPIC timetable and the importance of the pre-trial meeting
  • Substantive hearings at ASPIC—preliminary proof, proof, jury trial or ‘some other specified order’
  • Procedural/incidental business at ASPIC and ASPIC on the internet
  • The digital dimension at ASPIC
  • Significant cases to date for hints and tips
  • Sanction for counsel at ASPIC
  • Bench and bar
  • more

The Court’s background and name

Section 41 of the Court Reforms (Scotland) Act 2014 (‘The Act’) gave to Scottish Ministers the power to provide, by order and with the consent of the Lord President, ‘that the jurisdiction of a sheriff of a specified sheriffdom sitting at a specified sheriff court extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings’.

The Act came into force on 22 September 2015. From that date, the exclusive monetary jurisdiction of Scotland’s sheriff courts was increased from £5,000 to £100,000.

The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 was the first Order made by virtue of the section 41 power. The key parts of that Order are:

  1. Article 2(2): ‘an all-Scotland sheriff court sitting by virtue of this Order is to be referred to as the Sheriff Personal Injury Court'

  2. Article 3: this new court can deal with ‘actions of damages for, or arising from, personal injuries or death of a person from personal injuries’ if Article 4 or 5 applies

  3. Article 4: ‘for payment of a sum exceeding £5,000’

  4. Article 5: ‘for payment of a sum of money exceeding £1,000’ if ‘proceedings concern an accident at work or otherwise concern personal injuries sustained in the course of the pursuer’s, or as the case may be, the deceased’s