Jurisdiction in Scottish civil litigation
Produced in partnership with Dr Kirsty Hood QC of Themis Advocates
Last updated on 15/10/2019

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
  • Transitional relevance after 1 January 2021
  • No relevance to new cases from 1 January 2021
  • Jurisdiction rules in Brussels I (recast)
  • Lugano Convention
  • Transitional relevance after 1 January 2021
  • More...

Jurisdiction in Scottish civil litigation

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For general guidance on the implications of Brexit for Scottish civil litigation, see Practice Note: Brexit considerations for Scottish dispute resolution practitioners. For England and Wales guidance, 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. which specific court an action should be raised in, see Practice Note: Starting a civil claim in Scotland

  2. other issues to consider before bringing a civil claim in a Scottish court and how to start and progress a civil claim in Scotland, see: Preliminary considerations in Scottish civil litigation—overview and Initiating and case managing a civil claim in Scotland—overview respectively, which link through to more detailed guidance

  3. other aspects of Scottish civil litigation, see: Types of action and appeals in Scottish civil litigation—overview, Remedies and enforcement in Scottish civil litigation—overview and Settlement and ADR in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

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

  5. the position in England and Wales, see: Introduction to jurisdiction—overview which, as

Related documents:
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on Exit Day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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