Act of Sederunt (Amendment of Rules of Court No. 5) (Intimation in fatal accident cases) 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/920 |
| Year | 1984 |
1984 No. 920 (S. 91)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Amendment of Rules of Court No. 5) (Intimation in fatal accident cases) 198428thJune 1984
1stSeptember 1984
The Lords of Council and Session, in exercise of the powers conferred upon them by section 16 of the Administration of Justice Act (Scotland) 1933(a) and of all other powers enabling them in that behalf, hereby enact and declare —
Citation and commencement
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Amendment of Rules of Court No. 5) (Intimation in fatal accident cases) 1984 and shall come into operation on 1st September 1984.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2. In the Rules of Court(b), —
(a) for rule 75B there is substituted the following rule —
"75B.—(1) This rule applies to any action in which following the death of any person from personal injuries, damages are claimed —
(a) by the executor of the deceased, in respect of the injuries from which the deceased died;
(b) in respect of the death of the deceased, by any relative of his.
(2) In this rule, "relative" has the same meaning as in the Damages (Scotland) Act 1976(c).
(3) In any action to which this rule applies, the pursuer shall aver in the summons as appropriate —
(a) that he is the only person with a title to sue the defender in respect of the injuries or death;
(b) that there are other persons having a title to sue the defender in respect of the injuries or death, being the persons specified in the warrant for intimation;
(c) that there are other such persons in respect of whom intimation should be dispensed with on the ground either —
(a) 1933 c.41.
(b) S.I. 1965/321, as amended by S.I. 1976/2020.
(c) 1976 c.13, as amended by 1982 c.53.
(i) that the pursuer does not know their names or whereabouts and cannot reasonably ascertain them; or
(ii) that they are not likely to be awarded more than the sum of £200.
(4) In a case where the pursuer makes averments under sub-paragraph (c) of paragraph (3), he shall apply to the Court by motion for an order dispensing with intimation in accordance with those averments.
(5) The Court may in respect of any person specified in a motion enrolled under paragraph (4) grant any such motion or may refuse it with or without conditions (including a condition that such advertisement be made in such manner and in such place and at such times as may be specified in the order), and in doing so shall have regard to —
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