Tenders in multi-party Scottish civil litigation
Produced in partnership with Anderson Strathern LLP
Tenders in multi-party 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:

  • Tenders in multi-party Scottish civil litigation
  • Multiple pursuers—tenders
  • Separate tenders for each pursuer
  • Individual pursuer’s acceptance unconditional on other pursuers’ acceptance
  • Judicial expenses in multi-pursuer tenders
  • Multiple defenders—tender by one of defenders
  • Judicial expenses in multi-defender tenders
  • Multiple defenders—separate tenders by more than one defender
  • Multiple defenders—Williamson Tenders
  • Multiple defenders—Houston Tenders

This Practice Note considers judicial tenders in the context of a plurality of parties to a civil action 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 Making and responding to judicial tenders in 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

Multiple pursuers—tenders

Often there are actions where there is more than one pursuer, each with a separate crave, or conclusion. Such an action may arise, for example, where family members seek damages for the death of a relative.

Separate tenders for each pursuer

If the defender wishes to settle each of the pursuers’ claims by way of a tender, the defender must make a separate tender to each pursuer which each pursuer is capable of accepting. A

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