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GLOSSARY

Advocate definition

What does Advocate mean?

A member of the Faculty of Advocates (the Scottish Bar) able to appear in all courts within Scotland, the UK Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union.

All practising advocates are members of the self-governing Faculty of Advocates. The Faculty is led by an elected Dean assisted by other elected office holders. Advocates may form groups called "stables". A stable will have its own clerks who deal with the administration of stable members' work. The term "chambers" is also used. Advocates can be instructed by Scottish solicitors and other professionals who have been granted "direct access rights". The Faculty has direct access rules that define those with the right to instruct an advocate.

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Mitigation—checklist

Mitigation—checklist How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Checklist for remote and hybrid hearings in civil proceedings

Checklist for remote and hybrid hearings in civil proceedings Where a court hearing is conducted remotely or on a hybrid basis, additional steps will need to be taken compared to a traditional hearing in a physical court building to ensure that the hearing runs smoothly. This Checklist sets out what practitioners should consider when preparing for and participating in a remote hearing. It should be read in conjunction with Practice Note: Remote and hybrid hearings in civil proceedings. In relation to electronic bundles, practitioners may also find it useful to refer to Practice Note: Electronic bundles in civil proceedings. Preparing for the remote hearing Preparing the set up for the remote hearing The following steps should be taken to prepare for the hearing: • it is essential to run a test run of the platform so that any technical issues can be addressed. Your chosen IT specialists should participate in the test run • check any relevant court order to ensure that access to the platform is only given to...

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Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Skeleton Arguments in an appeal—general provisions

Skeleton Arguments in an appeal—general provisions This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on skeleton arguments in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. Practitioners may also wish to refer to the following Practice Notes and Checklists: • Skeleton arguments • Starting an appeal in the Court of Appeal—Skeleton arguments • Responding to an appellant's notice—the written statement and respondent's notice—Respondent's skeleton arguments and supplementary skeleton arguments • Conducting an appeal in the County Court or the High Court—Filing skeleton arguments in appeals in the High Court or County Court • Skeleton argument—checklist • Civil contempt proceedings—appeals, purges and discharge • Supreme Court—documents for appeal hearing—on or after 2 December 2024 In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in...

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Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...

Draft order for a worldwide freezing injunction (WFO)—Chancery Division

Draft order for a worldwide freezing injunction (WFO)—Chancery Division Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify specialist court] (ChD) before [The Honourable Mr Justice OR The Honourable Mrs Justice] [insert name of judge] [(sitting in private)] Dated: [insert date of order] between: [insert name(s) of Applicant(s)] Applicant(s) — and — [insert name(s) of Respondent(s)] Respondent(s) [The Claimant and Defendant in an Intended Action] _______________________________________ draft FREEZING order _______________________________________ PENAL NOTICE If you [insert name of respondent] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized....

Dive into our 28 Precedents related to Advocate

Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’?

Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. Case Law The following cases examined the status of confiscation proceedings and confiscation orders when considering whether Article 6 of the European Convention on Human Rights applied to them. In R v Benjafield at para [56], Lord Woolf CJ said: ‘In English domestic law, confiscation orders are part of the sentencing process which follow upon the conviction of the defendant of the criminal offences with which he is charged.’ More recently, R v Briggs-Price considered the rulings in McIntosh v Lord Advocate and Phillips v UK . In Briggs-Price at para [30], Lord Phillips of Worth Maltravers said: ‘These two decisions establish that confiscation proceedings fall...

What is the current position on alcohol promotions in Great Britain? What has happened with the minimum pricing legislation in Scotland?

What is the current position on alcohol promotions in Great Britain? What has happened with the minimum pricing legislation in Scotland? Scotland Scotch Whisky Association (Appellants) v The Lord Advocate (Respondents) (Scotland) appeals the First Division, Inner House, Court of Session decision of The Scotch Whisky Association v Lord advocate. The Scotch Whisky Association was granted leave to appeal to the UK Supreme Court over the Scottish government's plan to set a minimum unit price (MUP) for alcohol. The Alcohol (Minimum Pricing) (Scotland) Act 2012 (A(MP)(S)A 2012) would amend the Licensing (Scotland) Act 2005 by introducing a new paragraph 6A(1) to Schedule 3 (A(MP)(S)A 2012, s 1). This states: ‘6A Alcohol must not be sold on the premises at a price below its minimum price.’ Scottish Ministers prepared a draft order which stated the minimum price per unit would be 50p. The legislation would therefore mean that retailers could not sell alcohol below a minimum price of 50p per unit. While the bill was first...

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State aid—weekly round-up 11 June 2025

A round-up of key developments on State aid, first reported by the Lexis+ Competition team. This update covers the period 4–10 April 2025.

Naked no-poach agreements considered prima facie as ‘by object’ restrictions unless specific circumstances present (CD Tondela and others)

Competition analysis: In his Opinion in the Tondela Case delivered on 15 May 2025, Advocate General (‘AG’) Emiliou at the Court of Justice of the EU argues that no-poach agreements entered into between competitors have all the characteristics to be considered prima facie restrictive of competition ‘by object’, unless the content, the legal and economic context and the objectives of the specific agreement at issue cast doubt on the harmful nature of the agreement or if the no-poach agreement is ancillary to a transaction which is itself not anti-competitive. In application of the Meca-Medina case law, AG Emiliou argues that the objective of the no-poach agreement in question (ensuring a fair and orderly end of the 2019/2020 football season during coronavirus (COVID-19) pandemic) was worthy of protection under EU law and absent any equally effective and less restrictive measures necessary and proportionate to that objective. Written by Peter Giese, Kirsten Baubkus-Gérard, Elisa Götz, lawyers at CMS.

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