Nicole McQuilken: A decade of the All-Scotland Sheriff Personal Injury Court

Nicole McQuilken: A decade of the All-Scotland Sheriff Personal Injury Court

Nicole McQuilken

Nicole McQuilken reflects on the work of the All-Scotland Sheriff Personal Injury Court as it celebrates its 10th anniversary.

2015 seems like a long time ago. David Cameron was prime minister, the UK remained in the European Union, and artificial intelligence seemed like something from science fiction. It was also the year the All-Scotland Sheriff Personal Injury Court (ASSPIC) was established following the recommendations of the Scottish Civil Courts Review, led by Lord Gill. Its creation marked a pivotal moment in Scottish legal history, ushering in a new era for personal injury litigation.

ASSPIC was designed to streamline personal injury litigation, improve access to justice, and deliver more efficient handling of personal injury claims. Uniquely, it was established as a national court with exclusive jurisdiction over Scottish personal injury claims exceeding £5,000 and up to £100,000, and concurrent jurisdiction with the Court of Session above that value. Located within Edinburgh Sheriff Court, the centralised court was designed to ensure consistency in case management and judicial decision-making.

One of ASSPIC’s defining features is the specialism of its sheriffs in personal injury law. The option to proceed to an evidential hearing with a jury distinguishes ASSPIC from local sheriff courts, offering an alternative for complex cases.

The judicial system’s adaptability was tested during the pandemic. ASSPIC was ahead of the times: the court had already embraced electronic document submission and email-based motions. This digital foundation enabled ASSPIC to transition swiftly to remote hearings, including both procedural and proof hearings to allow business to continue. Today, procedural hearings continue to be conducted via Webex, while proofs have largely returned to in-person formats—with hybrid options available for remote witnesses.

The business of the court has more than doubled in its first decade. In its first full year of operation (2016/17), 2,956 cases were raised in ASSPIC, accounting for approximately 35% of all personal injury actions in Scotland. Fast forward to 2025, and ASSPIC now handles over 6,500 new actions annually, representing around 70% of personal injury claims in Scotland. The Scottish Courts and Tribunals Service anticipates ASSPIC processing 16,000 motions this year alone.

In response to this growth, a second courtroom, Court 19, was established in April 2025. This expansion enables ASSPIC to run two live proof courts and two procedural courts each week, with two personal injury sheriffs allocated weekly to expedite case progression.

The court celebrated its ten-year anniversary last month. As ASSPIC enters its second decade, it continues to shape the landscape of personal injury litigation in Scotland. For practitioners, the court’s procedural rigour and openness to digital innovation present both challenges and opportunities. The growth in the court’s business is testament to its success. At a time of renewed interest in specialist courts and court reform, ASSPIC highlights the evolution of civil justice in Scotland, and how sensible and clear reforms can deliver efficiency, expertise, and accessibility.

Nicole McQuilken is an associate at DWF

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