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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10639
Experience:  30 years as a practising solicitor.
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Scots law I would like to ask some questions and have help

Resolved Question:

scots law
I would like to ask some questions and have help filling to make an initial writ.
1. The claim is for personal injury
2. Back injury and mental symptoms too, like depression
3. Defendant is the former company
Here is what I think the form is G1Form G1
Form of initial writ
Rule 3.1(1)
INITIAL WRIT
SHERIFFDOM OF (insert name of sheriffdom)
AT (insert place of sheriff court; where rule 36.C1(3) applies, state, if appropriate, that the action is for determination in the all-Scotland sheriff court at Edinburgh)
[A.B.] (design and state any special capacity in which the pursuer is suing).
Pursuer.
Against
[C.D.] (design and state any special capacity in which the defender is being sued).
Defender.
The Pursuer craves the court (here state the specific decree, warrant or order sought).
CONDESCENDENCE(State in numbered paragraphs the facts which form the ground of
action)
PLEAS-IN-LAW(State in numbered sentences)
Signed
[A.B.], Pursuer.
or [X.Y.], Solicitor for the pursuer (state designation and business address)
Submitted: 7 months ago.
Category: Scots Law
Expert:  JGM replied 7 months ago.

The form and content of the Initial Writ is now PI 1, not G1, and Chapter 36 of the Ordinary Court Rules applies. You have to know the rules inside out and be skilled in drafting court pleadings to deal with a personal injury action. You also have to have expert medical reports to lodge with the Initial Writ. I couldn't recommend that you do this without the help of a solicitor because if you make a mistake the court will throw out your case and by then it could be too late to reraise it. Ther is a 3 year time limit. In Scotland you can apply for legal aid for personal injury actions and, after reading chapter 36 and the various procedures involved, you might want to consider whether you really want to deal with this yourself. There are in fact many solicitors who won't do personal injury work now because of the technical issues that can arise procedurally. The subject has become quite specialised and I would ask that you bear this in mind. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 7 months ago.
thank you.
1. I have read there is no set format, just examples of styles. Is that true?
2. Could I have to pay the defendant's fees, and if so, at what stage would I know this?
3. I am writing a letter before action. It is hoped the defendant might want to settle. Should I put a sum in the letter, or just leave it to them to offer if they do?
Customer: replied 7 months ago.
4. Sorry, if I have legal aid, will that affect the payment of defendant's fees?
Expert:  JGM replied 7 months ago.

1. That's correct. The Initial Writ is specially drafted even though it follows the layout prescribed in the rules. 2. If you lose the action or make a mistake in procedure or have to amend your written case during the proceedings, then you could suffer a whole or partial liability for expenses. The stage at which you would know this would be if and when such an award was made. 3. Intimate your claim on the merits. Don't quantify it at the moment. They will want to see medical evidence. 4. If you have legal aid that would generally allow you to apply to the court to reduce any costs against you to nil or such other sum as the court felt you could afford to pay.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10639
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 7 months ago.
detailed answers thank you

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