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Paragraph 34.6 Intimation to connected persons

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies to an action of damages in which, following the death of any person from personal injuries, damages are claimed–

(a)

by the executor of the deceased, in respect of the injuries from which the deceased died; or

(b)

by any relative of the deceased, in respect of the death of the deceased.

(2)

In this rule–

  • “connected person” means a person, not being a party to the action, who has title to sue the defender in respect of the personal injuries from which the deceased died or in respect of his death; and

  • “relative” has the meaning assigned to it in Schedule 1 to the Damages (Scotland) Act 1976f1.

(3)

The pursuer shall state in the summons, as the case may be–

(a)

that there are no connected persons;

(b)

that there are connected persons, being the persons specified in the application for warrant for intimation; or

(c)

that there are connected persons in respect of whom intimation should be dispensed with on the ground that–

(i)

the names or whereabouts of such persons are not known to, and cannot reasonably be ascertained by, the pursuer; or

(ii)

such persons are unlikely to be awarded more than £200 each.

(4)

Where the pursuer makes statements under rule 34.6(3)(b) he shall include an application for warrant in the summons for intimation to any such person.

(5)

A notice of intimation in Form 10d shall be attached to the copy of the summons, and a copy of Form 10c shall accompany the summons, where intimation is given on a warrant under paragraph (4).

(6)

Where the pursuer makes statements under rule 34.6(3)(c), he shall apply in the summons for an order to dispense with intimation.

(7)

In determining an application under paragraph (6), the sheriff shall have regard to–

(a)

the desirability of avoiding a multiplicity of actions; and

(b)

the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.

(8)

Where the sheriff is not satisfied that intimation to a connected person should be dispensed with, he may–

(a)

order intimation to a connected person whose name and whereabouts are known;

(b)

order the pursuer to take such further steps as he may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and

(c)

order advertisement in such manner, place and at such times as he may specify in the interlocutor.

(9)

Where the name or whereabouts of a person, in respect of whom the sheriff has dispensed with intimation on a ground specified in rule 34.6(3)(c), subsequently becomes known to the pursuer, the pursuer shall apply to the sheriff by incidental application for a warrant for intimation to such a person; and such intimation shall be made in accordance with rule 34.6(5).

(10)

A connected person may apply by incidental application to be sisted as an additional pursuer to the action.

(11)

Such an incidental application shall also seek leave of the sheriff to adopt the existing grounds of action, and to amend the claim.

(12)

The period within which answers to an incidental application under paragraph (10) may be lodged shall be 14 days from the date of intimation of the incidental application.

(13)

There shall be lodged along with the incidental application a statement of valuation of claim (which shall include a list of supporting documents) in Form 10c.

(14)

The statement of valuation of claim lodged in accordance with paragraph (13) shall be intimated to the other parties at the same time as the incidental application.

(15)

Where a connected person to whom intimation is made–

(a)

does not apply to be sisted as an additional pursuer to the action;

(b)

subsequently raises a separate action against the same defender in respect of the same personal injuries or death; and

(c)

would, apart from this rule, be awarded the expenses or part of the expenses of that action,

he shall not be awarded those expenses except on cause shown.

Annotations

Footnotes

f1

1976 c. 13.