The following Dispute Resolution practice note Produced in partnership with Anderson Strathern LLP provides comprehensive and up to date legal information covering:
This Practice Note considers how to make and/or respond to a judicial tender where the action is between one pursuer and one defender in Scotland. For guidance on:
other aspects relating to judicial tenders in Scotland, see Practice Notes: Tenders in Scottish civil litigation—nature, purpose and expenses implications and Tenders in multi-party Scottish civil litigation
other extra-judicial settlement options in Scottish civil proceedings, see Practice Notes: Alternative dispute resolution in Scotland and Pursuers’ offers in Scottish civil proceedings
other key areas of Scottish law and procedure, see our Scotland toolkit, and
the closest equivalent in civil proceedings in England and Wales, see: Settlement and settling disputes—overview, which, as well as giving an overview of this topic, links through to more detailed guidance on various settlement options in England and Wales including Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) and Without prejudice communications
ID(S)A 1958—Interest on Damages (Scotland) Act 1958
As can be seen from Practice Note: Tenders in Scottish civil litigation—nature, purpose and expenses implications, tenders can have a significant effect on any expenses award at the end of proceedings. As such, care should be taken to ensure any tenders are properly made, accepted and/or withdrawn.
A tender takes the form of a document known as a ‘minute of tender’.
The minute of tender is
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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