Group proceedings in Scottish civil litigation
Produced in partnership with Tim Edward of MBM Commercial

The following Dispute Resolution practice note produced in partnership with Tim Edward of MBM Commercial provides comprehensive and up to date legal information covering:

  • Group proceedings in Scottish civil litigation
  • Background to introduction of group proceedings in Scotland under CL(EGP)S)A 2018
  • Starting group proceedings in Scotland under Rule 26A RCS
  • Funding group proceedings in Scotland

Group proceedings in Scottish civil litigation

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the Scottish civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For a general overview of how the Scottish courts are responding to and operating during the coronavirus pandemic, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution in Scotland. Further information can also be found on our Coronavirus (COVID-19)—Scotland tracker, which contains an archive of news analysis on the impact of coronavirus on the Scottish legal profession divided into practice areas.

This Practice Note covers group proceedings in Scottish civil litigation under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (CL(EGP)(S)A 2018) and Rule 26A of the Court of Session Rules. 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, and

  3. the closest equivalent provisions applicable in England and Wales, see Practice Notes: Representative claims, Group Litigation Orders—introduction and Collective proceedings in the Competition Appeal Tribunal

Key:

  1. CL(EGP)(S)A 2018—Civil Litigation (Expenses and

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