Better Access to Small Claims and Summary Cause Procedures

The amendment

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.”


No recorded vote on this amendment. Most motions are never debated, and many that are debated are agreed without a division. Vote records are published from 2011.

1. S2M-01536.1
   Better Access to Small Claims and Summary Cause Procedures

   Tommy Sheridan SSP Lodged 27 Sep 2004
   No recorded vote
2. S2M-01536.2
   Better Access to Small Claims and Summary Cause Procedures

   Elaine Smith Lab Lodged 14 Oct 2004
   No recorded vote

Lab 3

Party shown is each supporter’s party when the motion was published.

No contribution in the Official Report cites S2M-01536.3 by reference.