Scottish civil litigation

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Practice notes
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...
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9th Nov
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov
Practice notes
Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov
Practice notes
This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent Scottish civil litigation content

Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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21st Jan
Practice notes
This Practice Note considers the position on arrestment in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 18th Jan
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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18th Jan
Practice notes
This Practice Note considers retention and rescission in Scotland. For guidance on:•some other forms of relief in Scottish civil litigation, see...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
Practice notes
This Practice Note considers the judicial expenses and taxation system in general civil litigation in Scotland. For guidance on:•funding civil claims...
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Produced in partnership with Tim Edward of Dentons 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering service of documents in a foreign jurisdiction. For guidance,...
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Produced in partnership with Kirsty Slee, Solicitor Advocate 18th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and Wales, see: Introduction to enforcement—overview...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 18th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and Wales, see: Introduction to enforcement—overview...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Jan
Practice notes
This Practice Note considers limitation in Scotland. For guidance on:•prescription in Scotland, see Practice Notes: Prescription in Scottish civil...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners dealing with cross-border mediations. For guidance, see Practice Note:...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Jan
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
Practice notes
This Practice Note offers practical, procedural, guidance on civil appeals proceeding in the Scottish Sheriff Appeal Court and which have been...
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Produced in partnership with Anderson Strathern LLP 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 18th Jan
Practice notes
This Practice Note provides an introduction to the Sheriff Appeal Court in Scotland, focusing on, among other things, the jurisdiction of the Sheriff...
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Produced in partnership with Anderson Strathern LLP 18th Jan
Practice notes
This Practice Note considers the position on final orders for specific implement and interim orders for specific implement in Scotland. For guidance...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
Practice notes
This Practice Note considers the position on how to initiate a civil appeal in the Sheriff Appeal Court in Scotland. For guidance on:•other aspects of...
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Produced in partnership with Anderson Strathern LLP 18th Jan
Practice notes
Brexit: The UK’s departure from the EU has implications for practitioners considering making a reference to the Court of Justice of the European Union...
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Produced in partnership with Anderson Strathern LLP 18th Jan
Practice notes
This Practice Note considers Prescription in Scotland. Given the position in relation to the Prescription (Scotland) Act 2018, it should be read in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Jan
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Jan
Practice notes
BackgroundIn 1995, Lord Woolf at the outset of his review into the civil justice system of England and Wales identified that the key problems were...
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Produced in partnership with Sarah Phillips of Anderson Strathern 16th Jan

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