Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition
Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

Read More Right Arrow

ASPIC (All-Scotland Sheriff Personal Injury Court): Jurisdiction, Rules, Practice Notes, Timetables, Hearings, Sanction for Counsel, Digital Working and Statistics

Practice notes
imgtext

The Court’s background and name

Section 41 of the Courts Reform (Scotland) Act 2014 empowered Scottish Ministers, with the Lord President’s consent, to provide, by order, that the jurisdiction of a Sheriff of a specified Sheriffdom, sitting at a specified sheriff court, extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings. The Act came into force on 22 September 2015. From that date, the exclusive monetary jurisdiction of Scotland’s sheriff courts was increased from £5,000 to £100,000. The All‑Scotland Sheriff Court (Sheriff Personal injury Court) Order 2015, SSI 2015/213, was the first, and, to date, the only, order made under the section 41 power. The key parts of this order are as follows:

  • Article 2(2): an all‑Scotland sheriff court sitting by virtue of this order is to be referred to as the Sheriff Personal Injury Court.
  • Article 3: this new court can deal with actions of damages for, or arising from, personal injuries or death of a person from personal injuries if Article 4 or 5 applies...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Frank Hughes
Frank Hughes

Frank conducts insurance related litigation across major and complex loss, emerging risks and international litigation, including to the UK Supreme Court. He is an accredited Specialist in Personal Injuries and has acted as an expert witness on solicitor's negligence. He tutored for many years in Public Law/Judicial Review at Glasgow University and he is a member of the core committee of the Law Society of Scotland, its Regulatory Committee. He has presented on many insurance related subjects throughout the UK and internationally. He is a former Chair of the Forum of Insurance Lawyers in Scotland....

Rachel Henry
Rachel Henry

Rachel has 16 years’ experience, specialising in large loss and catastrophic claims for 10 years. She is highly-regarded in her niche expertise in defending catastrophic and complex claims.  She deals with a wide spectrum of cases, including RTAs, employers’ liability, public liability and international claims. They primarily involve brain injuries, spinal injuries and chronic pain. She also deals with claims involving fatalities.  She has extensive knowledge in dealing with stakeholders and understands the importance of working closely with them to achieve the best outcome is achieved for each. Rachel will often work alongside our regulatory team in early investigations of serious accidents.  ...

Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow