Jurisdiction in Scottish civil litigation
Produced in partnership with Dr Kirsty Hood QC of Themis Advocates
Jurisdiction in Scottish civil litigation

The following Dispute Resolution practice note produced in partnership with Dr Kirsty Hood QC of Themis Advocates provides comprehensive and up to date legal information covering:

  • Jurisdiction in Scottish civil litigation
  • Purpose and nature of Scottish jurisdiction rules
  • The Scottish court hierarchy and understanding jurisdiction rules
  • Jurisdiction of the Scottish courts in civil and commercial matters
  • Brussels I (recast)—Regulation (EU) 1215/2012
  • Lugano Convention
  • Hague Convention on choice of court agreements
  • Intra-UK rules—schedule 4, CJJA 1982
  • Residual rules—schedule 8, CJJA 1982
  • Multiple proceedings
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and including 31 December 2020 at 11 pm (ie when the implementation period comes to an end, namely IP completion day). It will be updated to reflect relevant provisions in the Withdrawal Agreement between the UK and the EU, as well as in relevant UK domestic legislation, that apply from that date. For guidance on the position post IP completion day, see Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

This Practice Note provides an overview of jurisdiction in Scotland in terms of considering whether the dispute should be dealt with in Scotland. For guidance on:

  1. the potential impact of the UK’s departure from the EU on issues of jurisdiction, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction

    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 jurisdiction—overview which, as well as giving an overview

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