Preliminary and ongoing considerations in Scottish civil litigation

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Practice notes
This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...
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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
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
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
Precedents
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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9th Nov
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 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
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
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
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 12th Jan
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...
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9th Nov

Most recent Preliminary and ongoing considerations in 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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27th 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 26th Jan
Practice notes
This Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil litigation, see: Preliminary and ongoing...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th 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 26th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th 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 26th Jan
Practice notes
This Practice Note:•considers the position in Scotland. For guidance on:◦the equivalent in England and Wales, see: Introduction to...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th 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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25th 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
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
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 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 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 key developments in relation to prescription in Scotland and should be read in conjunction with Practice Note:...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 8th Jan
Practice notes
This Practice Note considers how to make and/or respond to a judicial tender where the action is between one pursuer and one defender in Scotland. For...
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Produced in partnership with Anderson Strathern LLP 8th Jan
Practice notes
This Practice Note considers defenders’ tenders in civil proceedings in Scotland. For guidance on:•other aspects relating to judicial tenders in...
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Produced in partnership with Anderson Strathern LLP 8th Jan

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