Ampersand Advocates

This Practice Note provides guidance on those aspects of procedure and practice that are particular to appeals to the UK Supreme Court from a decision of the Inner House of the Court of Session in Scotland. It focuses on the role and jurisdiction of the Supreme Court in Scotland (including in relation to devolution issues), the requirement and test for permission to appeal to the Supreme Court, the application to the Court of Session or Supreme Court for permission and the procedure once permission has been granted (note of appeal and note of intention to proceed). It links out to our England and Wales guidance on civil appeals to the Supreme Court, for those elements of the process that apply equally to appeals from Scottish cases.

This Practice Note is concerned with the preparation of written pleadings (such as an initial writ, summons, petition or defences) in civil actions in the sheriff court or Court of Session in Scotland. It covers who can draft pleadings, the purpose of written pleadings, the structure of written pleadings (including factual averments and orders sought), pleas in law and defences.