Making and responding to judicial tenders in Scottish civil litigation
Produced in partnership with Anderson Strathern LLP
Making and responding to judicial tenders in Scottish civil litigation

The following Dispute Resolution practice note Produced in partnership with Anderson Strathern LLP provides comprehensive and up to date legal information covering:

  • Making and responding to judicial tenders in Scottish civil litigation
  • Constructing a valid minute of tender
  • Formula of minute of tender
  • Non-admission of liability
  • Qualifications and conditions within a tender
  • Expenses—unconditional offer to pay opponent’s expenses
  • Interest
  • Personal injury claims—deduction of benefits
  • Lodging and intimating a tender
  • Withdrawing a tender—minute of withdrawal
  • More...

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:

  1. 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

  2. other extra-judicial settlement options in Scottish civil proceedings, see Practice Notes: Alternative dispute resolution in Scotland and Pursuers’ offers in Scottish civil proceedings

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

  4. 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

Key:

  1. 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 As such, care should be taken to ensure any tenders are properly made, accepted and/or withdrawn.

Constructing a valid minute of tender

Formula of minute of tender

A tender takes the form of a document known as a ‘minute of tender’.

The minute of tender is

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