Starting and progressing a civil claim in Scotland

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Practice notes
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 12th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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9th Nov
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov
Practice notes
Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...
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9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...
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9th Nov

Most recent Starting and progressing a civil claim in Scotland content

Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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9th Apr
Practice notes
This Practice Note considers judicial review grounds of challenge in Scotland.For guidance on:•Other aspects of judicial review in Scotland, see...
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Produced in partnership with Graham Horn of MacRoberts LLP 24th Mar
Practice notes
This Practice Note considers protective expenses orders (PEOs) in the context of judicial review claims raised in Scotland. For guidance on:•other...
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Produced in partnership with Graham Horn of MacRoberts LLP 24th Mar
Practice notes
This Practice Note considers the remedies available in a judicial review claim raised in Scotland.For guidance on:•other aspects of judicial review in...
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Produced in partnership with Graham Horn of MacRoberts LLP 24th Mar
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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24th Mar
Practice notes
This Practice Note offers guidance on the process of raising a judicial review claim in Scotland. For guidance on:•other aspects of judicial review in...
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Produced in partnership with Graham Horn of MacRoberts LLP 23rd Mar
Practice notes
This Practice Note provides an introduction to judicial review in Scotland.For guidance on:•other aspects of judicial review in Scotland, see Practice...
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Produced in partnership with Graham Horn of MacRoberts LLP 23rd Mar
Practice notes
This Practice Note covers group proceedings in Scottish civil litigation under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act...
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Produced in partnership with Tim Edward of MBM Commercial 17th Mar
Practice notes
Brexit: The UK’s departure from the EU has implications for practitioners considering making a reference to the Court of Justice of the European Union...
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Produced in partnership with Anderson Strathern 16th Mar
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering service of documents in a foreign jurisdiction. General guidance...
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Produced in partnership with Kirsty Slee, Solicitor Advocate 16th Mar
Practice notes
BackgroundIn 1995, Lord Woolf at the outset of his review into the civil justice system of England and Wales identified that the key problems were...
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Produced in partnership with Sarah Phillips of Anderson Strathern 9th Mar
Practice notes
This Practice Note provides an overview of legal professional privilege (LPP) in Scottish civil litigation. For guidance on:•LPP in Scottish criminal...
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Produced in partnership with Mark Hastings of bto 9th Mar
Practice notes
This Practice Note offers practical, procedural, guidance on civil appeals proceeding in the Scottish Sheriff Appeal Court and which have been...
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Produced in partnership with Anderson Strathern 9th Mar
Practice notes
This Practice Note provides an introduction to the Sheriff Appeal Court in Scotland, focusing on, among other things, the jurisdiction of the Sheriff...
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Produced in partnership with Anderson Strathern 9th Mar
Practice notes
This Practice Note considers the position on how to initiate a civil appeal in the Sheriff Appeal Court in Scotland. For guidance on:•other aspects of...
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Produced in partnership with Anderson Strathern 9th Mar
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 9th Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Mar

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