Rule 36.1 Application and interpretation of this Part

Scotland

(1)

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

(a)

F1... in respect of the injuries from which the deceased died; or

(b)

F2... in respect of the death of the deceased.

(2)

In this Part—

“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;
F3...

Annotations

F1: Words in Sch. 1 rule 36.1(1)(a) omitted (7.7.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011 (S.S.I. 2011/289), paras. 1(2), 2(2)(a)
F2: Words in Sch. 1 rule 36.1(1)(b) omitted (7.7.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011 (S.S.I. 2011/289), paras. 1(2), 2(2)(b)
F3: Words in Sch. 1 rule 36.1(2) omitted (7.7.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011 (S.S.I. 2011/289), paras. 1(2), 2(2)(c)

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)

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