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 judicial tenders in the context of a plurality of parties to a civil action 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 Making and responding to judicial tenders in 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
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.
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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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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