Scottish DR: claims and remedies

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This subtopic provides guidance on claims and 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

Claims

Insolvency for dispute resolution lawyers

Dispute resolution solicitors in Scotland are often at the forefront of managing court-driven processes arising from financial distress and insolvency. Whether acting for creditors, debtors or officeholders, they are responsible for initiating and navigation the litigation and procedural steps involved in insolvency proceedings. The following guidance topics are particularly relevant.

GuidanceContent
Practice Note: Scotland: compulsory liquidationCompulsory liquidation is a court-led process and this Practice Note provides guidance on: (i) the entities that may petition for the winding-up of a company, (ii) the circumstances

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Latest Dispute Resolution News

RTA Small Claims Pre-Action Protocol (PAP) updates—in force 1 October 2025

The Master of the Rolls has approved the amendments to the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol), effective from 1 October 2025. The amendments deal with the treatment of non-Protocol vehicle costs (NVC) within the Official Injury Claim Portal. Previously, both claimants and compensators were required to manually upload NVC forms. Under the revised protocol, the portal will now automatically generate these forms using data provided by both parties, thereby streamlining the process and reducing the administrative burden.

Dispute Resolution weekly highlights—4 September 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the High Court decision in Cavadore Ltd v Jawa (cross-border service); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Baker Botts gets early US$1m win in US$7m tycoon fee dispute

Law360, London: Baker Botts LLP scored a partial early victory in its dispute to recover US$7m in fees from an Egyptian energy mogul, with a London court ordering the businessman's company on 29 August 2025 to pay US$1m ahead of a trial.

Part 36 offer not a genuine attempt to settle the proceedings as a whole (Matiere SAS (a company incorporated under the laws of France) v ABM Precast Solutions Ltd)

Dispute Resolution analysis: The High Court has adopted a flexible approach to the award of enhanced cost consequences in respect of a beaten Part 36 offer which represented a genuine attempt to settle a claim but not the proceedings as a whole. Written by Phillip Patterson, barrister, Gatehouse Chambers.

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