Paragraph 3A.3 Consequences of failing to comply with the ProtocolF1

Scotland

(1)

This rule applies where the sheriff considers that a party (“party A”)—

(a)

failed, without just cause, to comply with the requirements of the Protocol; or

(b)

unreasonably failed to accept an offer in settlement which was—

(i)

made in accordance with the Protocol; and

(ii)

lodged as a tender during the period beginning with the commencement of proceedings and ending with the lodging of defences.

(2)

The sheriff may, on the sheriff’s own motion, or on the motion of any party, take any steps the sheriff considers necessary to do justice between the parties, and may in particular—

(a)

sist the action to allow any party to comply with the requirements of the Protocol;

(b)

make an award of expenses against party A;

(c)

modify an award of expenses; or

(d)

make an award regarding the interest payable on any award of damages.

(3)

A motion made by a party under paragraph (2) must include a summary of—

(a)

the steps taken by parties under the Protocol with a view to settling the action; and

(b)

that party’s assessment of the extent to which parties have complied with the requirements of the Protocol.

(4)

In considering what steps (if any) to take under paragraph (2), the sheriff must take into account—

(a)

the nature of any breach of the requirements of the Protocol; and

(b)

the conduct of the parties during the stages of the Protocol.

(5)

In assessing the conduct of the parties, the sheriff must have regard to the extent to which that conduct is consistent with the aims of the Protocol.

(6)

This rule does not affect any other enactment or rule of law allowing the sheriff to make or modify awards regarding expenses and interest.

Annotations

Textual amendments

F1: Sch. 1 Ch. 3A inserted (28.11.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016 (S.S.I. 2016/215), paras. 1(2), 2(2) (with para. 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