The following Family practice note produced in partnership with Sally Nash of Gilson Gray LLP provides comprehensive and up to date legal information covering:
This Practice Note provides a glossary of terminology in relation to divorce and dissolution proceedings in Scotland. See also Practice Note: Scotland—divorce and civil partnership dissolution.
For practical guidance on other aspects of family law in Scotland, see Practice Notes: Private children proceedings in Scotland, Financial provision for spouses and civil partners in Scotland and Cohabitant claims in Scotland.
The factual background in response to that set out by the pursuer in their initial writ or summons, and the factual background to the orders sought by the defender.
A Scottish public register, comprising inter alia the register of judgments. A financial minute of agreement may be registered in the Books of Council and Session to enable future enforcement if necessary.
A by-order hearing (now also sometimes referred to as a case management hearing) is a procedural hearing in the Court of Session. In England and Wales such a hearing is referred to as a directions appointment or hearing.
The orders being sought by the pursuer, which may be set out in their summons (Court of Session), or by the defender in their defences (sheriff court and Court of Session).
The factual background to the orders sought by the pursuer in their initial writ or summons.
An order that a hearing take place at a later date. In England
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.