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 defenders’ tenders in civil proceedings in Scotland. For guidance on:
other aspects relating to judicial tenders in Scotland, see Practice Notes: Making and responding to judicial tenders in Scottish civil litigation 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 la and procedure, see our Scotland toolkit
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
Tenders are not a product of legislation, nor are they governed by any rules of court. Rather, they have developed through practice and precedent.
In Ramsay's Trustees v Souter, the Inner House of the Court of Session plainly described a tender as ‘a judicial offer—that is, an offer by a party to pay a part of the sum asked by his adversary after the action is raised’.
In McKenzie v HD Fraser, the Lord Ordinary stated that ‘the purpose of the tender is to offer a specific sum with expenses, so that if he
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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