Preliminary and ongoing considerations in Scottish civil litigation

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Preliminary and ongoing considerations in Scottish civil litigation content

Practice notes
Arrestment in Scottish civil litigationThis Practice Note considers the position on arrestment in Scotland. For guidance on:•other forms of diligence...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Adjudication for debt in Scottish civil litigationThis Practice Note considers the current position on adjudication for debt in Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
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 13th Sep
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 13th Sep
Practice notes
Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering which courts have...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 13th Sep
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 13th Sep
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
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 8th Sep
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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2nd Sep
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 Nicola Edgar of Morton Fraser 25th Aug
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 23rd Aug
Practice notes
Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...
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Produced in partnership with Jim Cormack of Pinsent Masons 19th Aug
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 19th Aug
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 19th Aug
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 19th Aug
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 19th Aug
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 19th Aug
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 18th Aug
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 18th Aug

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