Scottish DR: starting a claim

Copyright © 2025 LexisNexis

This subtopic provides guidance on how to initiate a civil claim in the Scottish courts.

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: case management and evidence—overview

  5. •

    Scottish DR: expenses and funding—overview

  6. •

    Scottish DR: civil appeals and judicial review—overview

  7. •

    Scottish DR: claims and remedies—overview

  8. •

    Scottish

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

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

MoJ announces interim chair appointment to Legal Services Board

The Ministry of Justice and the Legal Services Board have announced that the Lord Chancellor has approved the appointment of Catherine Brown as Interim Chair of the Legal Services Board (LSB) and the Legal Services Board Wales, effective until 31 December 2025. This appointment, made under the Legal Services Act 2007 after consulting the Lady Chief Justice, is regulated by the Commissioner for Public Appointments, ensuring the LSB has a Chair during the recruitment process. Brown, who has served on the LSB board since 2019 as both Audit and Risk Assurance Committee Chair and Senior Independent Director, brings experience from roles including CEO of the Food Standards Agency and Chair of the Enforcement Conduct Board.

Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

Dispute Resolution analysis: In this case, the court considered various points, including the claimants’ variation of a budget after trial, whether the claimants should be entitled to the benefits of CPR 36.17(4) having beaten their own Part 36 offers and the appropriate amount for a payment on account of costs. The court allowed an upward variation in relation to the trial preparation and trial, as the application had been made promptly and given there had been a significant development. However, the court rejected the upward variations for disclosure and witness evidence on the basis that the applications had not been made promptly and the claimants could not establish any oppressive behavior by the defendant. The court was not satisfied that it would be unjust to award the claimants the usual benefits of CPR 36.17(4) where they had made a reasonable offer before the proceedings had been issued. The claimants demonstrated a genuine intention to resolve the dispute. By contrast, the defendant showed no such intent. The court then awarded the claimants 55% of their incurred costs, 90% of the original budgeted costs and 80% of the upward variations. Written by Nicholas Lee, costs lawyer & mediator at Paragon Costs Solutions.

Master of the Rolls delivers speech on AI and Article 6 ECHR

The Master of the Rolls, Sir Geoffrey Vos has delivered a speech at the Human Rights, Algorithmic Justice and Global AI Policy Conference at Durham University, addressing the potential need to amend the European Convention on Human Rights and Fundamental Freedoms (ECHR) to protect human rights in the age of advanced AI. Vos highlighted the evolving acceptance of technology in society and questioned whether machines should make decisions traditionally made by humans, such as in judicial contexts. He noted the EU's AI Act, which classifies AI systems used in judicial decision-making as ‘High Risk AI systems’ and contrasted this with the more accepting stance of countries like China. Vos raised three key issues: the distinction between judicial and other decision-making; the difference between judicial decision-making and legal advice; and the rights needed to ensure just and fair decision-making in addition to Article 6 of the ECHR. He argued that judicial decisions are unique as they are the final recourse for individuals and businesses and expressed scepticism about AI being considered an ‘independent and impartial tribunal’ under Article 6. Vos concluded by emphasising the need for ongoing debate on the appropriate use of AI in judicial decision-making and the protection of human rights in this context.

CJC Futures Group report recommends digital inclusion strategy and AI safeguards

The Civil Justice Council (CJC) Futures Working Group has published a report on examining digital disadvantage in the justice system. The report recommends reframing the issue as ‘digital inclusion’ and creating a central strategy hub focused on accessibility and inclusive design. It addresses Artificial Intelligence (AI) integration, emphasising the need for safeguards against AI errors and maintaining non-digital access options. The report calls for cross-sector collaboration between public, private and third sectors to develop digital services while preserving access to justice for digitally disadvantaged users.

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Jurisdiction in Scottish civil litigation

Jurisdiction in Scottish civil litigationThis Practice Note provides an overview of jurisdiction in Scotland in terms of considering whether the dispute should be dealt with in Scotland. For guidance on:•which specific Scottish court an action should be raised in, see Practice Note: Starting a civil

Written pleadings in Scottish civil litigation

Written pleadings in Scottish civil litigationThis Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland.In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These

Civil court structure in Scotland

Civil court structure in ScotlandThis Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts. It summarises the role of each court, how they are constituted and their

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigationThis Practice Note considers the position regarding the diligence of inhibition in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to
Jurisdiction in Scottish civil litigation

Jurisdiction in Scottish civil litigation

Jurisdiction in Scottish civil litigationThis Practice Note provides an overview of jurisdiction in Scotland in terms of considering whether the dispute should be dealt with in Scotland. For guidance on:•which specific Scottish court an action should be raised in, see Practice Note: Starting a civil

Written pleadings in Scottish civil litigation

Written pleadings in Scottish civil litigation

Written pleadings in Scottish civil litigationThis Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland.In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These

Civil court structure in Scotland

Civil court structure in Scotland

Civil court structure in ScotlandThis Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts. It summarises the role of each court, how they are constituted and their

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigationThis Practice Note considers the position regarding the diligence of inhibition in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to