# Sheriff Courts (Scotland) Act 1907, Rule 36.12: Applications for provisional damages


An application under section 12(2)(a) of the Act of 1982 for provisional damages for personal injuries shall be made by including in the initial writ—
(a) a crave for provisional damages;
(b) averments in the condescendence supporting the crave, including averments—
(i) that there is a risk that, at some definite or indefinite time in the future, the pursuer will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration of his physical or mental condition; and
(ii) that the defender was, at the time of the act or omission which gave rise to the cause of action, a public authority, public corporation or insured or otherwise indemnified in respect of the claim; and
(c) an appropriate plea-in-law.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/36/rule/36.12 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-36/rule-36.12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.