Starting and progressing a civil claim in Scotland

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How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?CPR 45 specifies when fixed costs will apply to a...
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Produced in partnership with James Tunley of Lamb Chambers 19th May
Practice notes
Statements of truthThis 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
Contractual damages—pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for financial...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May
Practice notes
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
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19th May
Practice notes
Brussels I (recast)—appearance by the defendant (arts 26 and 28)This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I...
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19th May
Precedents
The list of documents should generally be completed on Form N265 (List of documents: standard disclosure). However, different forms apply depending on...
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19th May
Practice notes
Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice...
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19th May
Practice notes
Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th May
Practice notes
Quia timet injunctionsWhat is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on...
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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
Brussels ConventionThis Practice Note is for use when determining court jurisdiction in proceedings commenced in the courts of England and Wales on or...
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19th May
Practice notes
Charging orders—hearing to determine whether to make an interim charging order finalThis Practice Note considers the procedure in relation to...
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19th May
Practice notes
Detailed assessment—default costs certificateThe default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para...
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19th May
Practice notes
Pre-action disclosure—requirements and the courts' approachThis Practice Note identifies when it might be appropriate to make an application for...
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19th May
Precedents
IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
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19th May

Most recent Starting and progressing a civil claim in Scotland content

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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1st Aug
Practice notes
The Scottish Personal Injury Pre-Action ProtocolFor guidance on coronavirus implications for dispute resolution in Scotland see Practice Note:...
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Produced in partnership with Sarah Phillips of Anderson Strathern 31st Jul
Practice notes
Standard procedure in the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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Produced in partnership with Anderson Strathern 31st Jul
Practice notes
Pre-action requirements in Scottish civil litigationThis Practice Note considers pre-action conduct in general civil disputes in Scotland. For...
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Produced in partnership with Euan McSherry of Aberdein Considine 31st Jul
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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31st Jul
Practice notes
Group proceedings 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 Tim Edward of MBM Commercial 31st Jul
Practice notes
Legal professional privilege in Scottish civil litigationThis Practice Note provides an overview of legal professional privilege (LPP) in Scottish...
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Produced in partnership with Mark Hastings of bto 31st Jul
Practice notes
Judicial review in ScotlandThis Practice Note provides an introduction to judicial review in Scotland.For guidance on:•other aspects of judicial...
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Produced in partnership with Graham Horn of MacRoberts LLP 31st Jul
Practice notes
Judicial review in Scotland—protective expenses ordersThis Practice Note considers protective expenses orders (PEOs) in the context of judicial review...
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Produced in partnership with Graham Horn of MacRoberts LLP 31st Jul
Practice notes
Starting an appeal in the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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Produced in partnership with Anderson Strathern 31st Jul
Practice notes
Service in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering service of documents in a...
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Produced in partnership with Tim Edward of MBM Commercial 30th Jul
Practice notes
Judicial review in Scotland—raising a claimThis Practice Note offers guidance on the process of raising a judicial review claim in Scotland. For...
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Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes
Reclaiming motions in the Inner House, Court of Session in ScotlandCoronavirus (COVID-19): The guidance detailing normal practice set out in this...
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Produced in partnership with Anderson Strathern LLP 30th Jul
Practice notes
Appeals to the Inner House, Court of Session in ScotlandCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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Produced in partnership with Anderson Strathern LLP 30th Jul
Practice notes
Judicial review in Scotland—remediesThis Practice Note considers the remedies available in a judicial review claim raised in Scotland.For guidance...
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Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes
Special incidental procedures in the Sheriff Appeal CourtBrexit: The UK’s departure from the EU has implications for practitioners considering making...
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Produced in partnership with Anderson Strathern 30th Jul
Practice notes
Judicial review in Scotland—grounds of challengeThis Practice Note considers judicial review grounds of challenge in Scotland.For guidance on:•Other...
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Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes
Introduction to the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected...
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Produced in partnership with Anderson Strathern 30th Jul
Practice notes
Legal professional privilege in Scottish criminal proceedingsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 30th Jul

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