Scottish civil litigation

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Practice notes
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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9th Nov
Practice notes
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...
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9th Nov
Practice notes
Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....
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9th Nov
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square 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 which courts have...
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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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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
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
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Scottish civil litigation content

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 LLP 18th Jan
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 LLP 18th Jan
Practice notes
This Practice Note considers the position on final orders for specific implement and interim orders for specific implement in Scotland. For guidance...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
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 LLP 18th Jan
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 LLP 18th Jan
Practice notes
This Practice Note considers Prescription in Scotland. Given the position in relation to the Prescription (Scotland) Act 2018, it should be read in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Jan
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 18th Jan
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 16th Jan
Practice notes
This Practice Note considers key developments in relation to prescription in Scotland and should be read in conjunction with Practice Note:...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 8th Jan
Practice notes
This Practice Note considers how to make and/or respond to a judicial tender where the action is between one pursuer and one defender in Scotland. For...
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Produced in partnership with Anderson Strathern LLP 8th Jan
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 8th Jan
Practice notes
This Practice Note considers defenders’ tenders in civil proceedings in Scotland. For guidance on:•other aspects relating to judicial tenders in...
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Produced in partnership with Anderson Strathern LLP 8th Jan
Practice notes
This Practice Note considers judicial tenders in the context of a plurality of parties to a civil action in Scotland. For guidance on:•other aspects...
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Produced in partnership with Anderson Strathern LLP 8th Jan

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