PI procedure in Scotland

Copyright © 2025 LexisNexis

The Scottish Personal Injury Pre-Action Protocol

In Scotland there is a compulsory pre-action protocol which was introduced by the Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016. All parties are expected to follow the protocol in cases where the accident occurred on or after 28 November 2016.

The protocol does not apply to clinical negligence, professional negligence or disease claims.

In addition, the protocol does not apply where the claimant is not legally represented or where the total value of the claim, exclusive of interest and expenses, exceeds £25,000.

For further guidance, see Practice Note: The Scottish Personal Injury Pre-Action Protocol.

All-Scotland Sheriff Personal Injury Court (ASPIC)

The All-Scotland Sheriff Personal Injury

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest PI & Clinical Negligence News

Minutes of the CPR Committee meeting—9 May 2025

The minutes of the CPR Committee (CPRC) meeting of 9 May 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including digital markets regulation, statutory appeals, fixed recoverable costs, parole referrals, Welsh language provisions, and public engagement through a question forum.

Health Secretary outlines new NHS operating model in ConfedExpo speech

Health and Social Care Secretary, Wes Streeting has announced plans to reform the National Health Service (NHS) operating model, including the abolition of NHS England with 50% staff reduction. The reforms, supported by £29bn additional annual funding by 2028/2029, will restore powers to Foundation Trusts, reduce centralized control and implement performance-based management. The changes form part of a ten Year Plan for Health, with £10bn allocated for NHS digitalisation and a total budget of £205bn next year. The new model aims to devolve power to frontline services while maintaining regional oversight through seven NHS regions.

Apple, sony fight class reps over new legal funding deals

Law360, London: Apple, Visa, Mastercard and Sony told the Court of Appeal that funding agreements driving multiple competition class action claims are unlawful and unenforceable.

184th Practice Direction (PD) update—in force on 19 June 2025

The 184th Practice Direction (PD) update amends CPR PD 51R (Online Civil Money Claims pilot scheme) and CPR PD 51ZB (Damages Claims Portal pilot scheme) to clarify the procedures for notifying the court when there is a settlement or discontinuance of the court proceedings. The amendments set out when and how parties must inform the court, the consequences of objections, and the process for transferring claims or incorporating settlement terms into court orders.

View PI & Clinical Negligence by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an