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24 August, 2016

First remit from All-Scotland PI court to Court of Session granted

Lord Boyd of Ducansby has issued his decision on allowing four cases raised in the All-Scotland Personal Injury Court to be remitted to the Court of Session. The four cases are part of a number of cases raised against health boards, private health company and practitioners averring breach of the duty to give warnings about the use of pelvic mesh products founding on Montgomery v Lanarkshire Health Board 2015 SC (UKSC) 63.

Sheriff Mackie had pronounced interlocutors in four cases requesting the Court of Session to allow the cases to be remitted in terms of section 92(4) of the Court Reform (Scotland) Act 2014. At a By Order on 8 July 2016 Lord Boyd made an order allowing the proceedings to be remitted.

Lord Boyd found that the four cases are clearly part of a much wider cohort of cases which have been raised in Scotland for which their conduct is subject to a Practice Direction which is designed to ensure that the cases are dealt with in a consistent and efficient manner. Given there is considerable public interest in the wider issues which these cases raise, he was satisfied that cause has been shown for remit of these proceedings to the Court of Session.

The full Opinion of Lord Boyd can be found here.

Ampersand’s Lauren Sutherland acted for all four pursuers and Paul Reid for the first defenders in three of the actions.

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