Better Access to Small Claims and Summary Cause Procedures

As an amendment to motion S2M-01536 in the name of Mr John Home Robertson (Better Access to Small Claims and Summary Cause Procedures), insert at end “recognises, however, that there is no case for increasing the limits in relation to personal injury cases and that they, therefore, should be excluded from any increase; considers that, in line with victims’ present rights, all personal injury cases with a value of £1,500 or more should be capable of enjoying the benefits of the dedicated personal injury procedure at the Court of Session without any penalty in relation to expenses; recognises that, unless personal injury cases are excluded from any increase, this would represent a substantial restriction in rights and access to justice for victims of accident and disease and would threaten the viability of trade unions’ legal services, and acknowledges that excluding personal injury cases would be in line with the position in England where personal injury cases with a value in excess of £1,000 are excluded from the small claims limit of £5,000, thereby ensuring that Scottish victims of accident and disease are not at a disadvantage as compared to English victims and are, therefore, not prejudiced by reason of geography as would be the case if personal injury actions are not excluded.”