All-Scotland Sheriff Personal Injury Court, ‘ASPIC’
Produced in partnership with Frank Hughes and Rachel Henry of Clyde & Co LLP
Practice notesAll-Scotland Sheriff Personal Injury Court, ‘ASPIC’
Produced in partnership with Frank Hughes and Rachel Henry of Clyde & Co LLP
Practice notesThe Court’s background and name
Section 41 of the Courts Reform (Scotland) Act 2014 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, SSI 2015/213, was the first, and to date only, order made under the section 41 power. The key parts of this order are:
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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.'
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Article 3: this new court can deal with ‘actions of damages for, or arising from, personal injuries or death of a person
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