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Cases sent from the All Scotland Personal Injury Court to the Court of Session

Four personal injury cases, involving large claims for damages, had been sent from the All Scotland Personal Injury Court to the Court of Session.  That transfer has now been accepted under a judgement of 12 August 2016.

The All Scotland Court has exclusive authority to deal with personal injury claims of up to £100,000.  However, it has the power to send cases to the Court of Session if they are considered to be sufficiently important or difficult to make it appropriate to do so.  In these cases against the manufacturers and various health boards, involving claims arising out of healthcare products for the treatment of incontinence, the sheriff considered that it was appropriate that the cases be transferred.  However, the Court of Session has then to decide whether it is appropriate.  The judge said that it was appropriate that these provisions should only be used exceptionally as the exclusive jurisdiction of the Sheriff Court would be undermined if transfers became common place.  The judge however was of the view that there was “significant public interest” in the outcome of the cases and it was appropriate that these were heard at the Court of Session.  These various comments however suggest that transfers from the All Scotland Court to the Court of Session are likely to continue to be relatively infrequent.

For further information, please contact David Forrester.

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