Scottish DR: claims and remedies

This subtopic provides guidance on legal remedies available in Scotland.

For guidance on other key aspects of Scottish civil litigation, see the following overviews, which link through to more detailed guidance:

  1. Scottish DR: key developments—overview

  2. Scottish DR: courts and civil procedure—overview

  3. Scottish DR: prescription and limitation—overview

  4. Scottish DR: starting a claim—overview

  5. Scottish DR: case management and evidence—overview

  6. Scottish DR: expenses and funding—overview

  7. Scottish DR: civil appeals and judicial review—overview

  8. Scottish DR: enforcement—overview

  9. Scottish DR: settlement and ADR—overview

A legal remedy (sometimes referred to as judicial relief or a judicial remedy), is the means by which the court enforces a legal right and/or ‘rights a wrong’.

Legal remedies can take a number of forms including monetary damages, interdict, specific performance, ...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Dispute Resolution News

Law Society publishes final report on civil justice reform with six key recommendations

The Law Society of England and Wales has published its final report from the 21st Century Justice Project, which was initiated in 2022 to explore reforms aimed at improving access to civil justice. The report outlines six key recommendations designed to modernise the system and address longstanding barriers, particularly for individuals on lower incomes and for small businesses. The Law Society calls for the creation of a single, trusted online platform to guide users through legal issues and proposes the establishment of an online dispute resolution ombudsman. It also urges the government to embrace technology-enabled justice—ensuring ethical oversight of artificial intelligence (AI) in legal services—and to foster collaboration between legal professionals and technology providers. A central recommendation is the reform of civil legal aid, which the Law Society describes as underfunded and strained. The report advocates for inflation-linked fee increases, simplified processes and improved trust between the Legal Aid Agency and practitioners. It also highlights the potential of ombudsman schemes to resolve disputes more efficiently, recommending that the sector be rationalised to improve user navigation and effectiveness. Furthermore, the Law Society addresses the increasing use of unbundled legal services by suggesting that clearer guidance and enhanced data collection are needed to manage associated risks. It recommends increasing awareness and usage of legal expenses insurance by encouraging solicitors to routinely verify whether clients hold such policies.

View Dispute Resolution by content type :

Popular documents