What This Means for Claimants

If you have been injured in an accident that wasn’t your fault, you may be worried about how stressful and confusing your claim may be. While the vast majority of personal injury cases are decided by out-of-court settlements (meaning you don’t have to go to court), some cases do inevitably need to go to court to decide liability, debate points of law or decide compensation.  

All Scotland Personal Injury Court 

• To make this process easier, the All Scotland Personal Injury Court (ASPIC) was set up in 2015, and in 2025 it celebrated its 10th anniversary. This court is based in Edinburgh and has been so successful that a second personal injury court has recently been set up.  This approach of having a specific personal injury court is unique to Scotland, in that no other jurisdictions have a Court which is solely dedicated to hearing personal injury cases.  This court provides enhanced access to justice for people making a personal injury claim. It allows claims to be: 

• Heard at an earlier date 

• Processed more quickly 

• Heard by specialist personal injury judges  

• Decided consistently in terms of financial awards 

Jurisdiction and Case Thresholds 

The Personal Injury Court has jurisdiction for cases where the compensation is over £5000, as well as for certain types of industrial disease and workplace accidents. Ifyour claim is potentially worth £5000 or more, then it can be raised directly in the Personal Injury Court in Edinburgh no matter where the accident happened. Claims under this threshold are normally handled in your local Sheriff Court. This is, of course, provided they have to go to court. As mentioned above, most claims settle out-of-court. 

This threshold means that smaller cases can be heard locally, thereby reducing cost, while more serious and higher-value cases can benefit from the expertise of specialist judges. 

More serious cases are heard in the Court of Session, the highest Civil court in Scotland. Cases heard here involve large sums of compensation, arguments on points of law or complicated medical or technical evidence.  

This approach allows courts to be heard in the most appropriate forum – serious cases get the appropriate time and expertise, while more straightforward cases can be handled more quickly and efficiently.  

At Khan Law, we have the experience and expertise to guide you through this process, whether your case belongs in your local sheriff court, the Personal Injury Court in Edinburgh, or the Court of Session. If you or a loved one has been affected by an accident, our team is here to secure the compensation and justice you deserve.
 

Frequently Asked Questions About the Personal Injury Court

1. Do I have to travel to Edinburgh if my case is raised in the Personal Injury Court? 

Not always. While the Personal Injury Court is based in Edinburgh, many hearings can now be conducted remotely by video link. In some circumstances, parts of the case (like procedural hearings) may not require you to attend in person. At Khan Law, we can advise you on what to expect and handle the practical arrangements. 

2. What kinds of cases can be raised in the Personal Injury Court?

Any personal injury claim worth £5,000 or more can be raised directly in the Personal Injury Court. It also has jurisdiction for industrial disease and workplace accident cases, even if they are valued under £5,000. Smaller claims usually remain in your local sheriff court. 

3. What happens to very serious or high-value cases?

Claims involving extremely large sums of compensation, complex medical or technical evidence, or important points of law may be raised in the Court of Session, Scotland’s highest civil court. This ensures that the most serious cases are heard by judges with the widest powers. 

4. Do most cases actually go to court? 

No. The majority of personal injury claims in Scotland settle out of court through negotiation. The court process is there to provide a fair resolution if settlement cannot be reached. Having a dedicated Personal Injury Court often encourages earlier settlements because both sides know cases will be handled quickly and consistently. 

5. How long does a personal injury claim take? 

The time it takes varies depending on the complexity of your case and whether liability is disputed. However, one of the benefits of the Personal Injury Court is that it aims to deal with cases more efficiently than the general court system, helping injured people secure justice sooner. 

6. How can Khan Law help me with a claim? 

Our solicitors are highly experienced in representing clients in the Personal Injury Court and the Court of Session. We’ll handle your case from start to finish, making sure your claim is raised in the right court and presented with the strongest possible evidence.