Preliminary and ongoing considerations in Scottish civil litigation

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Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering jurisdiction. For...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...
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9th Nov
Practice notes
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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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
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...
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9th Nov
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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9th Nov
Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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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 provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
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9th Nov
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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9th Nov

Most recent Preliminary and ongoing considerations in Scottish civil litigation content

Practice notes
Tenders in multi-party Scottish civil litigationThis Practice Note considers judicial tenders in the context of a plurality of parties to a civil...
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Produced in partnership with Anderson Strathern 15th May
Practice notes
Diligence against earnings in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 15th May
Practice notes
Prescription in Scottish civil litigation—key cases and developmentsThis Practice Note considers key developments in relation to prescription in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 15th May
Practice notes
Prescription in Scottish civil litigationThis Practice Note considers Prescription in Scotland. Given the position in relation to the Prescription...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 15th May
Practice notes
Enforcement in Scottish civil litigationThis Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
Practice notes
Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
Practice notes
Pursuers’ offers in Scottish civil litigationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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Produced in partnership with Sarah Phillips of Anderson Strathern LLP 15th May
Practice notes
Attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
Practice notes
Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
Practice notes
Retention and rescission in Scottish civil litigationThis Practice Note considers retention and rescission in Scotland. For guidance on:•some other...
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Produced in partnership with Jim Cormack of Pinsent Masons 15th May
Practice notes
Alternative dispute resolution in ScotlandBrexit: The UK's departure from the EU has implications for practitioners dealing with cross-border...
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Produced in partnership with Euan McSherry of Aberdein Considine 15th May
Practice notes
Making and responding to judicial tenders in Scottish civil litigationCoronavirus (COVID-19): The guidance detailing normal practice set out in this...
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Produced in partnership with Anderson Strathern 15th May
Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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15th May
Practice notes
Limitation of actions in Scottish civil litigationThis Practice Note considers limitation in Scotland. For guidance on:•prescription in Scotland, see...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 15th May
Practice notes
Enforcing judgments of the courts of England and Wales in Scotland or Northern IrelandThis Practice Note considers the enforcement of judgments in...
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15th May
Practice notes
Funding Scottish civil litigationThis Practice Note covers funding Scottish civil litigation under the Civil Litigation (Expenses and Group...
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Produced in partnership with Tim Edward of MBM Commercial 15th May
Practice notes
Interdict and interim interdict in Scottish civil litigationThis Practice Note considers the position on interdict and interim interdict in Scotland....
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Produced in partnership with Jim Cormack of Pinsent Masons 15th May
Practice notes
Tenders in Scottish civil litigation—nature, purpose and expenses implicationsThis Practice Note considers defenders’ tenders in civil proceedings in...
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Produced in partnership with Anderson Strathern 15th May
Practice notes
Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 15th May
Practice notes
Judicial expenses and taxation in Scottish civil litigationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice...
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Produced in partnership with Tim Edward of MBM Commercial 15th May

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