# Sheriff Courts (Scotland) Act 1907, Paragraph 36.F1: Disapplication of personal injuries procedure

Extent: S

(1) Any party to a personal injuries action proceeding in accordance with personal injuries procedure may, within 28 days of the lodging of defences (or, where there is more than one defender the first lodging of defences), by motion apply to have the action withdrawn from personal injuries procedure and appointed to the procedure in Chapter 36A.
(2) No motion under paragraph (1) shall be granted unless the sheriff is satisfied that there are exceptional reasons for not following personal injuries procedure.
(3) In determining whether there are exceptional reasons justifying the granting of a motion made under paragraph (1), the sheriff shall have regard to—
(a) the likely need for detailed pleadings;
(b) the length of time required for preparation of the action; and
(c) any other relevant circumstances.
(4) Where the sheriff appoints the cause to the procedure in Chapter 36A under paragraph (1)—
(a) the pursuer must within 14 days lodge a revised initial writ in Form G1 (form of initial writ);
(b) the defender must adjust the defences so as to comply with rule 9.6(2) (defences); and
(c) the cause will proceed in accordance with Chapter 36A, rather than in accordance with personal injuries procedure.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/paragraph/36.F1 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-36.F1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.