The vexing issue of summary applications in Scotland

The Administration of Justice (Scotland) Act 1972 is, perhaps, an underappreciated piece of legislation. It confers extensive powers on the Court to make a variety of orders in relation to the recovery of documents and property both pre and post-litigation. Within the evolving legal landscape of personal injury it is a piece of legislation to which Pursuers’ firms are becoming more alive when considering the merits of an injured party’s claim, particularly in the pre-litigation stage. This article explores the issues arising from the use of the above legislation.