The Scottish Civil Justice Council has published ‘An Information Gathering Exercise on Pre-Action Protocols‘
The Personal Injury Committee (PIC), established in June 2013 by the SCJC, is undertaking an information and evidence gathering exercise on the current use of voluntary pre-action protocols and the possible introduction of compulsory pre-action protocols, with the aim being to assist its consideration of the matter of the relevant rules should the proposed powers become law.
There are currently four voluntary pre‐action protocols in Scotland covering:
- Commercial actions in the Court of Session;
- Personal injury claims up to £10,000 (although parties may agree to use it for claims of a higher value);
- Professional negligence claims up to £20,000 (although parties may agree to use it for claims of a higher value); and
- Industrial disease claims.
There are currently no compulsory pre-action protocols in Scotland. The Courts Reform (Scotland) Bill proposes to give the Court of Session the power to introduce, by means of rules, compulsory pre-action protocols. The provisions are contained within sections 96 for the Court of Session and 97(2)(b)(ii) for the sheriff court.
Written responses are invited by 30 June 2014 and should be send to scjc@scotcourts.gov.uk or Anne Hampson, Scottish Civil Justice Council, Parliament House, Edinburgh, EH1 1RQ.
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