menu-search
LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Starting and progressing a civil claim in Scotland

View Dispute Resolution by content type:

News
Practice notes
Precedents
Q&As

Latest Dispute Resolution News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

The following Dispute Resolution news provides comprehensive and up to date legal information on No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

Featured Dispute Resolution content

Rescission of a contract

Rescission of a contract

Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...

Proprietary estoppel

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary...

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care...

Contract interpretation—the parol evidence rule

Contract interpretation—the parol evidence rule

Contract interpretation—the parol evidence ruleIn addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see...

Q&As

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?

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...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 19th May
Practice notes

Statements of truth

Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
Read More >
19th May
Practice notes

Contractual damages—pecuniary losses

Contractual damages—pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for financial...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May
tag iconIn-house
Practice notes

Privilege—joint and common interest privilege

Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
Read More >
19th May
tag iconIn-house
Practice notes

Brussels I (recast)—appearance by the defendant (arts 26 and 28)

Brussels I (recast)—appearance by the defendant (arts 26 and 28)This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I...
Read More >
19th May
Precedents

List of documents—standard disclosure (with drafting notes)

The list of documents should generally be completed on Form N265 (List of documents: standard disclosure). However, different forms apply depending on...
Read More >
19th May
Practice notes

Filing the defence

Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice...
Read More >
19th May
Practice notes

Rome I—general provisions

Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
Read More >
Produced in partnership with Angharad Parry of 20 Essex Street 19th May
tag iconIn-house
Practice notes

Quia timet injunctions

Quia timet injunctionsWhat is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on...
Read More >
19th May
Practice notes

Costs budgeting—completing Precedent H (costs budget)

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...
Read More >
19th May
Practice notes

Brussels Convention

Brussels ConventionThis Practice Note is for use when determining court jurisdiction in proceedings commenced in the courts of England and Wales on or...
Read More >
19th May
Q&As

Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?

Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR...
Read More >
Produced in partnership with Alex Bagnall of Total Legal Solutions 19th May
Practice notes

Charging orders—hearing to determine whether to make an interim charging order final

Charging orders—hearing to determine whether to make an interim charging order finalThis Practice Note considers the procedure in relation to...
Read More >
19th May
Practice notes

Detailed assessment—default costs certificate

Detailed assessment—default costs certificateThe default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para...
Read More >
19th May
Practice notes

Pre-action disclosure—requirements and the courts' approach

Pre-action disclosure—requirements and the courts' approachThis Practice Note identifies when it might be appropriate to make an application for...
Read More >
19th May
Precedents

Drafting note for application notice for permission for the defendant to make an additional claim against a third party—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
Read More >
19th May

Most recent Starting and progressing a civil claim in Scotland content

Practice notes

Coronavirus (COVID-19)—Scotland tracker

Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
Read More >
1st Aug
tag iconScottish Law tag iconCOVID-19
Practice notes

The Scottish Personal Injury Pre-Action Protocol

The Scottish Personal Injury Pre-Action ProtocolFor guidance on coronavirus implications for dispute resolution in Scotland see Practice Note:...
Read More >
Produced in partnership with Sarah Phillips of Anderson Strathern 31st Jul
tag iconScottish Law
Practice notes

Standard procedure in the Sheriff Appeal Court

Standard procedure in the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
Read More >
Produced in partnership with Anderson Strathern 31st Jul
Practice notes

Pre-action requirements in Scottish civil litigation

Pre-action requirements in Scottish civil litigationThis Practice Note considers pre-action conduct in general civil disputes in Scotland. For...
Read More >
Produced in partnership with Euan McSherry of Aberdein Considine 31st Jul
tag iconScottish Law
Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
Read More >
31st Jul
tag iconScottish Law tag iconCOVID-19
Practice notes

Group proceedings in Scottish civil litigation

Group proceedings in Scottish civil litigationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
Read More >
Produced in partnership with Tim Edward of MBM Commercial 31st Jul
tag iconScottish Law
Practice notes

Legal professional privilege in Scottish civil litigation

Legal professional privilege in Scottish civil litigationThis Practice Note provides an overview of legal professional privilege (LPP) in Scottish...
Read More >
Produced in partnership with Mark Hastings of bto 31st Jul
tag iconScottish Law
Practice notes

Judicial review in Scotland

Judicial review in ScotlandThis Practice Note provides an introduction to judicial review in Scotland.For guidance on:•other aspects of judicial...
Read More >
Produced in partnership with Graham Horn of MacRoberts LLP 31st Jul
Practice notes

Judicial review in Scotland—protective expenses orders

Judicial review in Scotland—protective expenses ordersThis Practice Note considers protective expenses orders (PEOs) in the context of judicial review...
Read More >
Produced in partnership with Graham Horn of MacRoberts LLP 31st Jul
Practice notes

Starting an appeal in the Sheriff Appeal Court

Starting an appeal in the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
Read More >
Produced in partnership with Anderson Strathern 31st Jul
Practice notes

Service in Scottish civil litigation

Service in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering service of documents in a...
Read More >
Produced in partnership with Tim Edward of MBM Commercial 30th Jul
tag iconScottish Law
Practice notes

Judicial review in Scotland—raising a claim

Judicial review in Scotland—raising a claimThis Practice Note offers guidance on the process of raising a judicial review claim in Scotland. For...
Read More >
Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes

Reclaiming motions in the Inner House, Court of Session in Scotland

Reclaiming motions in the Inner House, Court of Session in ScotlandCoronavirus (COVID-19): The guidance detailing normal practice set out in this...
Read More >
Produced in partnership with Anderson Strathern LLP 30th Jul
Practice notes

Appeals to the Inner House, Court of Session in Scotland

Appeals to the Inner House, Court of Session in ScotlandCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
Read More >
Produced in partnership with Anderson Strathern LLP 30th Jul
Practice notes

Judicial review in Scotland—remedies

Judicial review in Scotland—remediesThis Practice Note considers the remedies available in a judicial review claim raised in Scotland.For guidance...
Read More >
Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes

Special incidental procedures in the Sheriff Appeal Court

Special incidental procedures in the Sheriff Appeal CourtBrexit: The UK’s departure from the EU has implications for practitioners considering making...
Read More >
Produced in partnership with Anderson Strathern 30th Jul
Practice notes

Judicial review in Scotland—grounds of challenge

Judicial review in Scotland—grounds of challengeThis Practice Note considers judicial review grounds of challenge in Scotland.For guidance on:•Other...
Read More >
Produced in partnership with Graham Horn of MacRoberts LLP 30th Jul
Practice notes

Introduction to the Sheriff Appeal Court

Introduction to the Sheriff Appeal CourtCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected...
Read More >
Produced in partnership with Anderson Strathern 30th Jul
Practice notes

Legal professional privilege in Scottish criminal proceedings

Legal professional privilege in Scottish criminal proceedingsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
Read More >
Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 30th Jul
tag iconScottish Law

Popular documents

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractor’s holding company to guarantee the performance of the contract by the subsidiary main contractor. This is a requirement in almost

Reserved judgments

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of