1 Chapter 15 SMALL CLAIMS AND SUMMARY CAUSES For personal injury claims, the jurisdiction level for summary causes is actions not exceeding the value of 1,500, exclusive of interest and expenses. 1 Small claims are a category of summary cause, 2 and in relation to personal injury claims describe actions for payment up to the value of 750, exclusive of interest and expenses. 3 This chapter is written against the background of an anticipated increase in the privative jurisdiction level for summary cause cases. It may be that all personal injury actions up to 3,000 or possibly 5,000 (excluding interest) will be treated as summary causes. It is likely that personal injury actions will be excluded from small claims procedure. Consequently this chapter does not deal with it. In the interim, practitioners are referred to the terms of the Act of Sederunt (Small Claims Rules) Choice of forum Ordinary Action or Summary Cause? It is increasingly important for agents to pick the proper forum from the start. Even although the new summary cause fees provide a reward for work properly carried out, there are significantly greater outlays involved with an ordinary cause action. There is no point in raising a case as an ordinary action if you are going to be stuck at the end of it with summary cause expenses, and are unable to recover motion dues, record dues, proof fixing dues and shorthand writer costs. The rule as to scale of expenses is that the level is decided by the sum eventually decerned for unless the court otherwise directs (General Regulation 2). This means the amount contained in the court decree and not the sum sued for. If no sum is decerned for (e.g. the defenders are successful) then an action raised as an ordinary cause will be taxed on the ordinary scale. This causes no difficulty in debt actions for a crystallised sum. You simply choose the appropriate forum. What about personal injury cases where differing views on damages for solatium, or a finding of contributory negligence, might well pull a claim below the ordinary cause level? Level of expenses This paragraph deals with cases which have been raised as ordinary actions but which settled for sums below the summary cause jurisdiction level. The leading case in this area is Coyle v William Fairey Ltd, 4 an action of damages raised in the Court of Session which sought payment of 10,000 and was settled in the sum of 1,000. At that time this was within the summary cause level. The defenders contended that expenses should be awarded on the summary cause scale. The Lord Ordinary stated that because the value of the case was within the summary cause scale, the action should have been raised in the sheriff court. He awarded expenses on the summary cause scale without certification of counsel. The Inner House overturned this decision. The proper approach for the court was to consider whether the initial choice of forum was justified in all the circumstances of the case at the time the action was raised. The pursuer had settled for 1,000, and it might readily be accepted that the settlement must have made some allowance for risk of failure on the merits or a finding of contributory negligence. Whilst the amount of settlement was a relevant factor, it was not determinative. In the event, having regard to the possible value of the case, the court awarded the expenses on the Sheriff Court ordinary cause scale with sanction for counsel. 5 The courts cannot award more than you ask for. Macphail (2nd ed.) at p.639 states that the sheriff should consider two questions: 1. Was the pursuer entitled to raise the action as an ordinary cause in the first instance? And if so, 2. Should the pursuer in the course of the action have taken steps to have it remitted to the summary cause roll? Mechanics of settlement The other important point relates to settlement of these cases. In most circumstances cases will settle either by means of agreement between agents, or by way of tender and minute of acceptance of tender. The language of the General Regulations has the effect that where the sum decerned for is within the summary cause limit, summary cause expenses only will be awarded, in the absence of argument to the contrary. Practitioners should be careful not to forfeit 1 Sheriff Courts (Scotland) Act 1971, s ibid., s.35(3). 3 Small Claims (Scotland) Order S.L.T See also the case of Sunderland, 1992 S.L.T and the decision of Sheriff Principal McLeod in Durham v Gateway Food Market, 1992 S.L.T. 83, (Sh. Ct).
2 by default their right to argue the contrary. A competent tender must contain an unrestricted offer of expenses, 6 and any attempt to restrict expenses, e.g. to the Summary Cause scale will make the tender invalid. 7 This does not mean that you will get ordinary expenses whatever the settlement figure. If the case settles by way of tender and minute of acceptance of tender, the court will make a decerniture which will regulate the scale of expenses unless the sheriff directs otherwise. Where you have raised an ordinary action, and accept a tender for below the summary cause level you will have to persuade the court that ordinary expenses should be awarded. A convenient way of bringing the matter to a head is to add a crave in the minute of acceptance of tender along the lines of: and moves the Court to grant expenses on the ordinary scale. This will give you the opportunity to make the arguments discussed above. Extra judicial settlements Many cases settle on the basis of negotiation and exchange of cheques. Cases are frequently sisted to enable this to take place, and a joint minute is eventually lodged. A simple practical point is to make sure that there is agreement on the level of expenses, and that cheques for the principal sum and expenses on the ordinary scale are in your hands before the joint minute is lodged. Where the matter of expenses is still outstanding, you should ensure that the motion disposing of the case makes a finding of expenses for your client. The most likely format will be an interlocutor making a finding of absolvitor without any mention of a specific principal sum. Where there is such a mention of principal sum and it is below the ordinary cause level, then expenses will be on the summary cause scale unless the sheriff directs otherwise (Lothian Hotels v Ferer 8 ). Where no specific sum is mentioned, the account should be taxed on the ordinary cause scale (Macphail, paras and 19.50). As was stated in the case of Lothian Hotels: The reasons for settling actions are many. It seems to me wrong in principle that parties winning expenses in settlement should have constantly to look over their shoulders at the risk of having their expenses cut at taxation. The time for the paying party to seek a reduction to Summary Cause rates is in open court when the Joint Minute is before the Court. Summary cause actions for personal injuries The rules are now contained in the Act of Sederunt (Summary Cause Rules) There are special rules in Chapter 34 for actions of damages for personal injuries, which are defined as including any disease or impairment of physical or mental condition. 9 Careful stock should be taken of the pleadings position in summary cause personal injury actions. Much of the pleadings are now form based. The form of the claim is set out in r.34.2, and a detailed statement of valuation requires to be lodged at the time of warranting (Form 10c). The response form (10b) if properly completed will elicit much more information than the average record either in the sheriff court or in the Court of Session. What has been abolished is the requirement for line-by-line answers. What has not been abolished is the requirement to give fair notice of issues to be raised either in the statement of claim or in the defence. Existing cases on fair notice may be of some assistance. In particular, see McInnes v Alginate Industries Ltd, 10 where a defence was stated Liability denied. Contributory negligence. Sum sued for excessive. This did not entitle the defenders to avail themselves of a statutory defence. In Lochgorm Warehouses v Roy 11 an action of payment which stated sum sued for is not due and resting owing did not allow evidence from the defenders on breach of merchantable quality. In Roofcare Ltd v Gillies, 12 which was an action for payment for repairs done on property, the defence work not carried out satisfactorily gave no notice of specific failures, and the defenders were not allowed to lead evidence on specific defects: In my opinion the defender and appellant should have given some general indication on the point or points upon which his attack on workmanship was directed. In practical terms a pursuer will not be allowed to prove a statutory case which has not been adverted to in the pleadings, and a defender will not be allowed to produce a factual defence out of the hat unless there is some notice. 6 See MacPhail, Sheriff Court Practice (2nd ed., W. Green, 2002) para See Bhatia v Tribax Ltd, 1993 S.L.T (Sh. Ct) SCR 34.1(1) S.L.T. 114, (Sh. Ct) SLT 45, (Sh. Ct) S.L.T. 8, (Sh. Ct).
3 For an example of the approach taken by the courts to the requirements of fair notice even in a small claims case, see the decision by Sheriff Principal Bowen in the case of Scott v Chief Constable, Strathclyde Police. 13 Increasingly the requirements of fair notice will be met by what is contained in the form, response form, statements of valuation, and the documents and witness lists lodged. It is noteworthy that in the case of Kendal v Davies, 14 Lady Paton stated that notice of care costs could come from the written pleadings, but even in a Court of Session action might also come from documents lodged as productions. Statement of claim SCR r The Statement of Claim and other forms can be downloaded from the Scottish Courts website. The statement must contain: (a) a concise statement of the grounds of action and the facts relied upon; (b) date of birth and where applicable NI number of pursuer; (c) names of every GP or hospital where the pursuer received treatment for the injuries. SCR, r.34.2(2) There should also be lodged: (a) a medical report, or statement that there is no medical report; (b) statement of valuation of claim with list of supporting documents in form 10c. SCR, r.34.2(5) (b) The summons may include a specification of documents in terms of form 10e. Practicalities The Summary Cause Rules do not talk of inventories of productions, but rather lists of documents or articles (see Chapter 17). The suggestion would be that the pursuer makes up a sheet known as, e.g. List of Documents for Pursuer as at 1 st August 2002, prior to warranting. The list would at that stage should include the medical report, and the statement of valuation of claim which would be attached. Note that the statement of valuation of claim itself requires a list of supporting documents if applicable, but there should be no need to lodge a separate list. At this stage the actual documents relevant to the statement of valuation do not require to be lodged (other than the medical report). The pursuer will then receive the warranted summons together with the statement of valuation of claim (including list of documents and medical report). In terms of rule 34.2(7) the pursuer must serve a copy of the form 10b, and a copy of the statement of valuation of claim, form 10c, which by definition includes the list of supporting documents. It is clear that the medical report will in every case be a supporting document. Although the rules do not specifically provide for service of the supporting documents on defenders, it is hoped that pursuers will effect this to enable realistic hearings to take place. If this is not done, there would be a basis for a defender seeking continuation of the hearing. It is implicit from the terms of response form 10b that the defender should have all the information required to make a full response at this stage, e.g. he has to state whether the medical report is agreed and whether other losses are agreed. Triennium cases There should be no problem obtaining a warrant without a medical report, provided the appropriate statement is made that there are no such medical reports in terms of SCR, r.34.2(2)(a). Specification of documents form 10e The approved calls relate to medical records, wages details, and the standard accident report form. The specification of documents is to be included in the summons. This means that it should simply be attached to the summons. There is no need for any incidental application. The specification at this stage is restricted to the standard calls. Intimation must be made on the Advocate General or Lord Advocate as appropriate. Service of the summons will of necessity be service of the specification. If the defender, or the Advocate General or Lord Advocate as appropriate, objects to the specification, he must lodge an incidental application on or before the return date, and the specification will be determined at the rule 8.2 hearing (SCR, r.34.4(5)). The standard specification does not cover documentation in the hands of third party havers, other than medical records, so that where further documentation is sought, a further specification may be lodged in terms of rule If there is no objection to the specification of documents, the sheriff clerk shall grant an order for commission and diligence for recovery of documents. At this stage there is no commissioner appointed S.L.T. 66, (Sh. Ct) Rep. L.R. 126.
4 What goes to the defender? Form 1, statement of claim form 10a, specification of documents 10e. 2. Blank form of response, form 10b. 3. Statement of valuation of claim with list of documents, form 10c. It is suggested that supporting documents are sent on service, and returned to the court with the summons if a rule 8 hearing is fixed. Response from defender SCR, r Terms of response form 10b. 2. Lodge counterclaim if appropriate r.8.1(1)(c) and r Invoke third party procedure at this stage if appropriate see r.11.1(2). The hearing SCR r.8.3(2) The pursuer must return the summons to the court two days before the calling date. The statement of valuation and supporting medical report are treated as part of the summons and must also be returned together with the specification of documents. The documents in support of the statement of valuation do not require to be lodged in terms of the rules, but as is argued elsewhere you should lodge these to enable a realistic hearing to take place (SCR, r.5.12). At the hearing, The sheriff shall: (a) ascertain the factual basis of the action and any defence, and the legal basis on which the action and defence are proceeding and (b) seek to negotiate and secure settlement of the action between the parties. This does not mean that his role will be restricted to identifying and noting the issues of fact and law on the summons (SCR, r.8.3(3)(a)). The utility of the hearings will depend very much on the attitude of the agents and the extent to which sheriffs are prepared to take an interventionist role and ask difficult questions. He will require to look at the statement of claim, the supporting documents, and the response form 10(b). His first duty is to seek to negotiate and secure a settlement. Clearly this depends on a meeting of minds, and except as undernoted he cannot force a settlement on unwilling parties. If he cannot secure settlement, rule 8.3 provides: If the sheriff cannot secure settlement of the action between the parties he shall (a) identify and note on the summons the issues of fact and law which are in dispute. (b) note on the summons any facts which are agreed. (c) where it appears that the claim as stated or any defence stated in response to is is not soundly based in law in whole or in part, hear parties forthwith on that matter and may grant decree in favour of any party; and (d) if satisfied that the claim and any defence have or may have a sound basis in law and that the dispute between the parties depends upon resolution of disputed issues of fact, fix a diet of proof or, alternatively, if satisfied that the claim and any defence have a sound basis in law and that the facts of the case are sufficiently agreed, hear parties forthwith on the merits of the action and may grant decree in whole or in part in favour of any party. Whilst it has recently been confirmed that a solicitor has ostensible authority to settle a damages action without his client s instructions, this is rarely a good policy and to be used only in extremis. This means that you should clear in advance an authorised range of settlement, and refuse to settle outwith that range no matter the force of personality on the bench. 15 Rule 8.2(3) enables the sheriff to continue the hearing to another date, and if you think there is a realistic prospect of obtaining instructions to settle, it might be appropriate to ask him to do so. If there is a genuine issue of fact, it is likely that a proof will be fixed. However, the extent of the powers of an interventionist sheriff is well illustrated in the case of Alexander Armstrong v Brake Brothers (Frozen Foods) Limited Mowbray v Valentine, Inner House, Court of Session, June 6, A decision of Sheriff Principal Bowen Q.C., January 17, 2003, and reported on the Scottish Court website.
5 That case involved a claim for whiplash. Liability was admitted. Parties were well apart on quantum at first instance, and the sheriff was unable to secure a settlement in terms of rule 8.2(b). However the sheriff then proceed to make an award of 150 without hearing evidence. Whilst the sheriff principal increased the award, he upheld the sheriff s approach as this was a case in which she was entitled in terms of rule 8.3 (2)(d) to hear parties forthwith and to grant decree. The sheriff principal stated: The power to take that step is dependent on the sheriff being satisfied that the facts of the case are sufficiently agreed. It is a power which ought to be exercised whenever the facts are readily ascertainable. You must also be prepared to argue that your case has a sound basis in law. In the case of Alexander Reid v First Glasgow Limited, it was held from the agreed facts that the pursuer had no prospect of success. The Sheriff Principal upheld the Sheriff s decision to dismiss the action at the first calling. 17 He continued to the effect that the terms of the medical report were perfectly clear and not in dispute. The rule 8 hearings if properly conducted, represent an opportunity for the pursuer s agent to flush out the defence at an early stage, and in the absence of a defence to make real procedural progress by knocking out the case on liability and seeking to establish what the actual issues are on quantum. Examples might be where there is a conviction under the Road Traffic, or Health and Safety at Work Acts. You should look in particular at the existing case law on summary decree, and to argue by analogy from the approach there. 18 Timetable after the hearing Where a proof has been fixed the timetable is as contained in rules (with the necessary modifications) (SCR, r.34.3(2)). 2. Rule 8.5 list of documents. Within 28 days after date of fixing a Proof, intimate and lodge a list of documents. The person receiving the list has the right to inspect the documents, but litigation privilege will apply to expert reports unless you waive it. However, see rule 8.7. Expert reports have to be lodged and disclosed not less than 28 days before the diet of proof. If you fail to do so, you may only call an expert witness at the proof on special cause shown (SCR, r.8.7(2)). 3. Rule 8.6 list of witnesses. A list of witnesses is to be intimated to every party and lodged with the sheriff clerk within 28 days after fixing proof. 4. Rule 34.5 statement of valuation of claim. Statement of valuation of claim to be lodged with sheriff clerk no later than 28 days before proof. This should relate to defenders. The pursuer will have lodged a statement of valuation with the summons. 5. Rule 17.1 documents and articles. Documents and articles to be lodged and intimated not later than 14 days before the proof. A copy for the sheriff s has to be provided 48 hours before proof rule Proof. There is no shorthand writer required. The rules for the proof are contained in rules 8.13, 8.14 and In terms of rule 8.8 it is provided: Where possible, the parties shall agree photographs, sketch plans and any statement or document not in dispute. Miscellaneous procedures Provisional damages rule 34.2(3). (See also rule 34.7.) 2. Claims arising on death intimation. (See rule 34.6.) 3. Third party procedure rule Summary decree rule Alteration of summons rule Additional defender rule Recovery of evidence by way of specification rule Applications for information under Administration of Justice (Scotland) Act 1972 rule Expenses Expenses are normally to be assessed by the sheriff clerk in accordance with the statutory Table of Fees (rule 23.3). Where judgment has not been reserved, then the assessment on expenses must take place immediately upon the decision being pronounced. In practical terms you must be ready to make up your account there and then. Where the 17 Unreported, March 4, 2003, summarised in the Civil Practice Bulletin, May See previous section on summary decree.
6 hearing is not held immediately the sheriff clerk shall fix a date, time and place, give 14 days in writing, and the party awarded expenses must lodge an account of expenses at least seven days prior to the date of any hearing fixed (rules 23.3(7) and 23.3(8)). Appeal An appeal is available on a point of law only and must be lodged with the sheriff clerk not later than 14 days after the date of the final decree. The matter then proceeds by way of stated case (rule 25.1). See Appendix flow chart for summary cause actions.
CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2014 No. 14 SHERIFF COURT Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014 Made - - - - 20th January 2014 Laid before the
SHERIFF COURT RULES COUNCIL CONSULTATION Proposals for Procedural Rules for Personal Injury Actions in the Sheriff Court Consultation Arrangements The Ordinary Cause Committee ("Committee") of the Sheriff
INSURANCE SCOTLAND GUIDE CONTENTS 5 Introduction 7-9 The Voluntary Pre-Action Protocols Personal Injury Disease Professional Risks 10 The Scottish Court System 11-14 The Court of Session - Personal Injury
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 227 COURT OF SESSION SHERIFF COURT Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal
Introduction It has been some time since the last PIUG newsletter in June 2011 and there have been significant developments, particularly the introduction of Chapter 42A on 1 May 2013. The new procedure
Raising and Defending Ordinary Actions in the Court of Session A Guide for Party Litigants Updated August 2012 Contents Background... 3 (i) Using this guide... 3 (ii) Introduction... 3 (iii) The Offices
ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
RULES OF THE SCOTTISH LAND COURT 2014 In force as from 22 September 2014 CONTENTS The rules generally 1. Purpose of the rules etc. Interpretation 2. Interpretation Applications generally 3. Making an application:
SCotland Guide Insurance GROUP INSURANCE SERVICES Welcome to this the fifth edition of the Scotland Guide. Introduction Its purpose is to provide an introduction to Scottish procedural law for the benefit
SCOTTISH STATUTORY INSTRUMENTS 2011 No. 403 SHERIFF COURT Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2011 Made - - - - 16th November 2011 Laid before the Scottish
Civil Litigation: Reparation Law Legal Domain The paralegal should be able to competently commence cases in different courts from initial instruction to completion on behalf of both Pursuer and Defenders.
There are a variety of debt collection procedures available in Scotland many of which are similar to those used elsewhere in the UK. The usual demand letters and statements will be issued but if the debtor
Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a Society of solicitors acting for the victims of motor accidents, including those involving Personal
CHAPTER 23 MOTIONS PART 1 INTRODUCTION Interpretation of this Chapter 23.1. In this Chapter, unless the context otherwise requires, "party" includes any person entitled under these Rules to enrol a motion
BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,
CHAPTER 42A Case management of certain personal injuries actions Application and interpretation of this Chapter 42A.1. (1) Subject to paragraph (3), this Chapter applies to actions proceeding as ordinary
FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
A Response by the Forum of Insurance Lawyers to the Scottish Civil Justice Council s Consultation on the draft Simple Procedure Rules March 2016 1 FOIL (The Forum of Insurance Lawyers) exists to provide
Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.
This leaflet is designed to provide you with a brief outline of the practice and procedure of the High Court and the District Court on taxation of costs in civil proceedings. You should read Order 62 of
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints
MINUTES OF THE MEETING OF THE COURT OF SESSION RULES COUNCIL PARLIAMENT HOUSE, MONDAY 16 OCTOBER 2006 Present: In attendance: Apologies: Lord President Lord Nimmo Smith Ms Lesley Shand Q.C. Mr Eugene Creally
Third Parties (Rights against Insurers) Act 2010 CHAPTER 10 CONTENTS Transfer of rights to third parties 1 Rights against insurer of insolvent person etc 2 Establishing liability in England and Wales and
APPENDIX C Annex B 1. Application Pre-action Protocol for Non-Injury Motor Accident Cases 1.1 The object of this protocol is to describe reasonable conduct for non-injury motor accident claims. In exercising
Scottish Civil Justice Council Information gathering exercise on pre-action protocols A response by the Association of Personal Injury Lawyers May 2014 Page 1 of 8 The Association of Personal Injury Lawyers
INTRODUCTION CONSULTATION QUESTIONS As a firm, Digby Brown continue to practice almost exclusively in the area of pursuer personal injury (including clinical negligence), and we therefore propose to concentrate
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
Report on Civil Cases in the District Court of Western Australia 28/9 to 212/13 Table of Contents Civil Case Lodgments 1 Civil Writ (CIV) Register Lodgments 2 Originating Summons (CIVO) Register Lodgments
Minutes of Sheriff Court Rules Council Meeting McDiarmid Park, Perth 05 September 2008 10.30am PRESENT Sheriff Principal Sir S S T Young Bt QC Sheriff W Holligan Sheriff M J Fletcher Sheriff C Scott Mr
NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction
Alberta Rules of Court 390/68 R754-757 Part 57 Rules and Orders Promulgated under the Winding-up Act (1) Petition to Wind Up Company Title of petition 754 Every petition for the winding up of any company
Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything
Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
1 THE SOLICITORS (SCOTLAND) ACT 1980 THE SCOTTISH SOLICITORS DISCIPLINE TRIBUNAL F I N D I N G S in Complaint by THE COUNCIL OF THE LAW SOCIETY of SCOTLAND, 26 Drumsheugh Gardens, Edinburgh against MARK
NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies
Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following
A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 email@example.com Edited by: Larry Munn Clark Wilson LLP
LEGAL GUIDE TO RECOVERING A TRADE DEBT Howat Avraam Solicitors A: 154 160 FLEET STREET, LONDON, EC4A 2DQ T: 020 7884 9400 E: Matthew.Howat@hasolicitors.co.uk Unpaid invoicing is a fact of life for most
CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income
DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt
NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET Introduction 1. The New South Wales Court of Appeal, in a unanimous Judgment on Thursday 31 March 2005, sent some clear messages to legal
Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
IN THE COURT OF APPEAL OF NEW ZEALAND CA148/2014  NZCA 126 BETWEEN AND WELLINGTON CITY COUNCIL Appellant COLIN JAMES DALLAS Respondent Court: Counsel: French, Winkelmann and Asher JJ D J Heaney QC
Scottish Government Making Justice Work Courts Reform (Scotland) Bill - consultation A response by the Association of Personal Injury Lawyers May 2013 1 The Association of Personal Injury Lawyers (APIL)
In General: What is a limited action suit? Per chapter 61, Limited Action cases in Kansas are civil cases where the dollar amount does not exceed $25,000.00, unless it is an unsecured debt, in which case
A note on damages in Personal Injury Cases Contents AnoteonDamagesinPersonalInjuryCases.1 Solatium 1 Whatisneededforaclaimofsolatium? 1 PatrimonialLoss(specialdamages)..1 Pastwageloss..2 Futurewageloss.2
CONSULTATION QUESTIONS CHAPTER 1: PROPOSALS ARISING FROM SHERIFF PRINCIPAL TAYLOR S REVIEW A. SPECULATIVE FEE AGREEMENTS 1. Do you think that a lack of cap on speculative fee agreements prevents potential
JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,
SHERIFF COURT RULES COUNCIL PROPOSALS FOR PROCEDURAL RULES FOR PERSONAL INJURY ACTIONS IN THE SHERIFF COURT A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS (APIL 07/06) OCTOBER 2006 1 The Association
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
Queen s Bench Forms SCHEDULE OF FORMS 3 Schedule of Forms FORMS FOR PART 1 [Foundational Rules] Form R Nil rule No. Form No. Source FORMS FOR PART 2 [Parties to Litigation] Form R rule No. Form No. Source
The Process of a Typical Commercial Case Canada (Québec) Litigation Guide IBA Litigation Committee Christopher Richter firstname.lastname@example.org Eric Bédard email@example.com Woods LLP 2000 McGill College
GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review
Historical version: 18.12.2003 to 5.5.2004 Regulations disallowed South Australia Victims of Crime (Compensation) Regulations 2003 under the Victims of Crime Act 2001 Contents 1 Short title 2 Commencement
GUIDELINES ON SANCTION FOR EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS Scottish Legal Aid Board January 2010 THE SCOTTISH LEGAL AID BOARD EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS 1. BACKGROUND
Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited
Civil Procedure Code 7 Part : Arbitration Title : General Provisions Art. 5 Scope of application The provisions of this Part apply to the proceedings before arbitral tribunals based in Switzerland, unless
COURT OF SESSION NOTES FOR THE NEW COURT USER Updated: 23 July 2015 S Drive/ Court of Session/Guide for Court Runners 2 CONTENTS 3 Introduction 5 The Queuing System 5 Lodging a summons for calling, when
APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner
Consensus of Judges on Multnomah County Court Foreclosure Panel The judges who serve on the Multnomah County Court s Foreclosure Panel have been presented with the following recurring issues, which over
Legislation updated to: 30 July 2010 MAINTENANCE ACT 99 OF 1998 [ASSENTED TO 19 NOVEMBER 1998] [DATE OF COMMENCEMENT: 26 NOVEMBER 1999] (Unless otherwise indicated) (English text signed by the President)
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL