Paragraph 36.19 Mesothelioma actions: special provisionsF1

(1)

This Part applies where liability to a relative of the pursuer may arise under F2section 5 of the Damages (Scotland) Act 2011 (discharge of liability to pay damages: exception for mesothelioma).

(2)

On settlement of the pursuer’s claim, the pursuer may apply by motion for all or any of the following—

(a)

a sist for a specified period;

(b)

discharge of any diet;

(c)

where the action is one to which the personal injuries procedure in Part A1 of this Chapter applies, variation of the timetable issued under rule 36.G1.

(3)

Paragraphs (4) to (7) apply where a motion under paragraph (2) has been granted.

(4)

As soon as reasonably practicable after the death of the pursuer, any agent who immediately prior to the death was instructed in a cause by the deceased pursuer shall notify the court of the death.

(5)

The notification under paragraph (4) shall be by letter to the sheriff clerk and shall be accompanied by a certified copy of the death certificate relative to the deceased pursuer.

(6)

A relative of the deceased may apply by motion for the recall of the sist and for an order for further procedure.

(7)

On expiration of the period of any sist pronounced on a motion under paragraph (2), the sheriff clerk may fix a date and time for the parties to be heard by the sheriff.

Annotations

Textual amendments

F1: Sch. 1 Ch. 36 Pt. 6 inserted (2.11.2009) by Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (S.S.I. 2009/285), paras. 1(1), 2(7) (with para. 3)
F2: Words in Sch. 1 rule 36.19 substituted (7.7.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011 (S.S.I. 2011/289), paras. 1(2), 2(3) (with para. 2(4))

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5