Personal Injury: Mainly Claimant: A Scotland Overview

Addressing the Recent Spike in Personal Injury Cases Raised in Scottish Courts

The number of personal injury (PI) actions raised in the Scottish courts have increased significantly since 2024, according to figures issued by the Scottish Courts and Tribunal Service. The figures for 2024‒25 are not exact ‒ the Scottish government usually issues these but there has been a pause to prioritise a new government project. The latest figures are not finalised but projected and show that there is an anticipated rise in the number of personal injury cases brought before Scottish courts from just under 15% on the previous year. Road traffic accidents (RTAs) remain by far the most common cause of actions, with 68% of proceedings raised arising from RTAs.

More than 60% of personal injury cases have been raised in the All-Scotland Sheriff Personal Injury Court, which is based in Edinburgh and has jurisdiction over the whole of Scotland.

September 2025 marked ten years since the opening of the All-Scotland Sheriff Personal Injury Court, which is the first and ‒ so far ‒ only specialist court in Scotland. A measure of its success is the volume of work undertaken by the court. The number of actions raised there has increased steadily from 1,143 in 2015‒16 to a projected figure of 6,839 for 2024‒25.

Personal injury practitioners have benefited from having a specialist court with specific sheriffs allocated to deal with the business of the court. This has allowed a degree of consistency in approach to develop and there is now a significant body of case law from the specialist PI court. A good example of this is the decisions on Qualified One-Way Cost Shifting (QOCS), which was introduced in Scotland for personal injury actions raised on or after 30 June 2021.

There has been a continued rise in awards of damages for solatium (general damages) to compensate the injured party for the pain and suffering caused by their injuries. The 17th edition of the Judicial College Guidelines, published in April 2024, set out values for damages. Since its previous edition in 2022, there has been an increase of approximately 22% due to a period of high inflation.

Figures reveal rise in workplace deaths in Scotland

Figures published by the Health and Safety Executive (HSE) in July 2025 showed a concerning rise in the number of workplace deaths in Scotland. The data for 2024‒25 confirms 26 people died in Scotland owing to workplace accidents. According to the HSE, this represents nearly one death for every 100,000 Scottish workers ‒ a significant increase on the 18 deaths reported the year before.

It is of note that more workers were killed in Scotland than anywhere else in the UK. No explanation has been provided for this significant increase and it remains to be seen whether this is a one-off incident or a trend.

Review of fatal accident inquiry system due

Fatal accident inquiries (FAIs) are another area of interest to personal injury practitioners in Scotland. An FAI is a public investigation led by a sheriff to determine the circumstances of a sudden, suspicious or unexplained death. In some situations ‒ for example, where there is a death at work or in custody ‒ an FAI is mandatory. These inquiries are not intended to apportion blame; they are held to establish facts, determine factors that contributed to the death, and recommend steps to prevent similar fatalities.

The FAI system was first introduced in Scotland in 1976 and has undergone significant reform during the past decade. Despite this, there is criticism of the procedure, particularly in relation to the often-lengthy delays between the death and the start of the hearing. This means that the relatives of the deceased have a long wait for answers to the questions they are likely to have about events surrounding their loved one’s death. But recommendations made at the conclusion of the FAI are often ineffective, as they are not implemented.

However, there may be a prospect of changes for the better, with a review of the system announced in July. The 2025 Fatal Accident Inquiry Review aims to gather views on the “efficiency, effectiveness, and trauma-informed nature” of investigations into deaths in custody, both prison and police, and the specific barriers that families face in engaging with the process. Even though the review is focused on prison and custody-related deaths, any reforms that are eventually recommended from it may well impact the FAI process.

Proposed reform of law on damages for personal injury

December 2024 saw the publication of the Scottish Law Commission’s Report on Damages for Personal Injury. The report’s recommendations are intended to reform the law on damages for personal injury to make the calculation and management of damages easier and more transparent and to better reflect modern family values and structures. 

One of the key recommendations was to expand the category of individuals who can claim damages by widening the definition of “relative”. This will now include ex-cohabitants and people accepted into the family of an injured person. In addition, the recommendations would allow awards for services provided to the injured person by people other than relatives, such as friends and neighbours.

Another area for proposed reform relates to the management of awards of damages to children. To protect their interests, the report recommends increased court supervision over the funds. The reforms are designed to ensure that a child’s compensation is managed prudently and used for their benefit. This is particularly important where the award of damages is intended to provide for the child’s future care and accommodation. The proposed new procedure places a duty on the court to consider a written proposal outlining how the damages are to be invested, administered and applied for the benefit of the child.

The report includes a draft bill, the Damages (Scotland) Bill. The Scottish government responded in May 2025, suggesting there was general support for the approach the Scottish Law Commission set out. However, it was pointed out that there would need to be changes to court rules and input from other organisations before implementation. There is no proposed timescale for the consideration of the draft bill by the Scottish Parliament and it may be some time before it is taken further.