Enforcement in Scottish civil litigation
Produced in partnership with Julie Hamilton of MacRoberts LLP

The following Dispute Resolution practice note produced in partnership with Julie Hamilton of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Enforcement in Scottish civil litigation
  • Court proceedings—value and jurisdiction
  • Decrees
  • Charges for payment
  • Methods of enforcement in Scotland
  • Sheriff officers and messengers at arms
  • Practical considerations when enforcing decrees

Enforcement in Scottish civil litigation

This Practice Note considers enforcement in Scotland. For guidance on:

  1. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  2. other key areas of Scottish law and procedure, see our Scotland toolkit

  3. the position in England and Wales, see: Introduction to enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales

  4. cross-border enforcement, see: Cross border enforcement (UK regime)—overview, Cross border enforcement (EU regime)—overview and Cross border enforcement (International regimes)—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement

Key:

  1. CJJA 1982—Civil Jurisdiction and Judgements Act 1982

  2. CR(S)A 2014—Courts Reform (Scotland) Act 2014

  3. RCS—Rules of the Court of Session 1994

Court proceedings—value and jurisdiction

Commercial disputes with a value of over £100,000 can be heard in the Court of Session (CR(S)A 2014, s 39).

The Court of Session is made up of the Outer House and the Inner House. The Outer House hears cases at first instance. Outer House cases are normally heard by one judge sitting alone.

The Inner House hears appeals.

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