10 Things To Know About People Claims In Scotland

1. Pre-action conduct

Claims which are worth £25,000 or less are subject to a Compulsory Pre-Action Protocol. If there is no admission of liability or if parties cannot then agree quantum court proceedings can be raised.

There are currently no compulsory protocols for claims worth over £25,000 or for industrial disease or medical negligence claims.

2. Time-bar

Subject to certain exceptions there is a three year time-bar for personal injury claims. Time-bar is interrupted through service, not the issue, of proceedings. This can be significant if the compensator is based in a country which does not recognise postal service of court proceedings.

The court has an equitable discretion to allow claims raised out with the three year deadline per section 19A of the Prescription and Limitation (Scotland) Act 1973 with the test being the balance of prejudice to the parties.