This Practice Note offers introductory guidance on appeals to the Sheriff Appeal Court in Scottish civil proceedings, putting the establishment of the Sheriff Appeal Court in its historical context, introducing the court and its judges, considering the status of the court’s decisions and jurisdiction and considering the types of decision which can be appealed to the Sheriff Appeal Court. In doing so, it considers the provisions governing appeals to the Sheriff Appeal Court, namely the Rules of the Sheriff Appeal Court and the Sheriff Appeal Court Practice Notes.
This Practice Note considers how to construct and respond to a judicial tender under Scottish law and procedure. In doing so, it offers practical guidance on how to make a ‘valid’ tender—namely one which attracts judicial expenses protection—considering, for example, the form the tender should take, what the tender should (and should not) contain and how to lodge a minute of tender. It also considers how to respond to a minute of tender (ie how and when to accept or reject a tender), how to withdraw a tender (including the importance of doing so, particularly where multiple tenders are made) and the extent of the court’s knowledge of any tender process.
This Practice Note offers guidance on various special procedures in civil appeals in the Scottish Sheriff Appeal Court, including: devolution issues; preliminary references to the Court of Justice of the European Union (CJEU); interventions for human rights issues; taking of proof or further proof; and remission to the Court of Session in Scotland.
This Practice Note offers procedural guidance on civil appeals proceeding in the Scottish Sheriff Appeal Court and which have been appointed to the standard appeal procedure considering the standard appeal procedure from the procedural order through to the hearing of the appeal, the substantive decision of the Sheriff Appeal Court and any decision on expenses. In doing so, it covers, among other things, the appeal print, the note of argument, the bundle of authorities, the procedural hearing, the appeal hearing, disposal of the appeal, expenses (including sanctions in expenses) and remitting the appeal to the Court of Session.
This Practice Note offers guidance on how to initiate a civil appeal in the Scottish Sheriff Appeal Court including how to lodge an appeal (by filing a note of appeal in Form 6.2), the documents required, the time limits to be observed and the initial case management of an appeal in the Sheriff Appeal Court.
This Practice Note offers guidance on the various types of tender which may be used where there are a plurality of parties to a Scottish action. This note considers tenders in the context of actions involving multiple pursuers as well as actions involving multiple defenders. In doing so it considers Williamson Tenders and Houston Tenders as well as the judicial expenses implications of tenders in multi-party civil litigation in Scotland.
This Practice Note deals with the nature and purpose of judicial tenders (or simply ‘tender’—a form of extra-judicial offer made by the defender whose purpose is to settle the dispute without the need for judicial determination) in Scottish civil procedure and practice by reference to a number of key authorities, including Ramsay’s Trustees v Souter and McKenzie v Fraser. In doing so, it provides an overview of the effect a tender—and, more particularly accepting or rejecting a tender—can have on an award of judicial expenses, the circumstances in which tenders can be usefully deployed and some practical illustrations of how tenders and, more importantly, the expenses implications, operate in Scotland.
This Practice Note broadly outlines, by way of diagrammatic illustration, the court structure for civil cases in Scotland. In doing so, it illustrates, among other things, the main functions of and how Scottish civil cases may proceed between the sheriff courts, the Sheriff Appeal Court, the Court of Session (Outer House), the Court of Session (Inner House) and the UK Supreme Court, as well as offering guidance on the number of judges sitting in each court and the various other procedural aspects.
This Practice Note considers execution of documents under Scots law. In particular it covers which types of contract must be recorded in writing under Scots law, how valid execution of them is achieved, options for executing multi-party documents, the requirements of the Scottish property registers, requirements relating to the date and delivery of documents in Scotland and rules relating to the execution of counterparts under Scots law. It considers the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) and the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015).
This Practice Note considers virtual execution under Scots law, or execution of electronic documents. It covers the necessary steps for valid execution of electronic documents under Scots law and, in particular, looks at the use of the advance electronic signature (AES) in Scotland and the delivery steps required for the execution to be effective. In particular, it considers the Requirements of Writing (Scotland) Act 1995, Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS) and the Electronic Documents (Scotland) Regulations 2014, SSI 2014/83. It also considers the application, appearance and reading of an electronic document, and delivery of an electronic document, as well as ARTL, the electronic conveyancing system in Scotland.
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