However, if the sheriff believes the case is a complex one, requiring specialist expertise, then it can be remitted to the Personal Injury Court.

The Sheriff Personal Injury Court's foundation was one of the results of Lord Gill's Scottish Civil Courts Review (published in 2009), which identified several ways in which civil justice could be expedited through improving access to justice, reducing costs for parties litigant, and reducing the time to conclusion of cases.

"[1] Lord Gill's report identified that many litigants and legal practitioners had been happy with the improvements to personal injury claims in the Court of Session by the introduction of new rules, but concluded that creating an all-Scotland specialist sheriff court for personal injury claims was the best option.

The cases all related to vaginal tape and mesh products for the treatment of urinary incontinence or prolapse.

"[16] Chapter 43 rules, first implemented by Act of Sederunt of the Court of Session in 2003, sought to bring about swift resolution through negotiation of cases by allowing for pre-proof discussions with all the relevant details.

Ordinary cause procedures are more complex than small claims or summary cause, and as such a solicitor will likely be required as legal documents will need to be drafted.

If the pursuer and defender both agree, then the proof can take place before a sheriff sitting alone as a judge in summary proceedings.

[3]: Section 108 Use of counsel (advocate) was sanctioned by Sheriff Reith QC in the case of Sarah Dow v M & D Crolla Ltd, on 14 March 2016.

Sheriff Reith QC granted sanction for counsel as the case was of significant importance to the pursuer.

As such, individual factors—as expressed in the 2014 Act—are not the deciding element, but it is the cumulative effect of various factors that will make sheriffs likely to grant sanction.

The pursuer, David Brown, had been informed that the defender, Aviva Insurance, was instructing counsel, and so sought to have sanction granted on the grounds of equality of arms.

However, Sheriff Kinloch did not find that the case was complex, important, or of requisite value and therefore the pursuer was represented by a solicitor.