Tenders in Scottish civil litigation—nature, purpose and expenses implications
Produced in partnership with Anderson Strathern LLP
Tenders in Scottish civil litigation—nature, purpose and expenses implications

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

  • Tenders in Scottish civil litigation—nature, purpose and expenses implications
  • Tenders—nature and purpose
  • Judicial expenses—general rule
  • ‘Success’ in litigation
  • Tenders’ effect on judicial expenses awards
  • Practical illustrations
  • Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

This Practice Note considers defenders’ tenders in civil proceedings in Scotland. For guidance on:

  1. 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

  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 la and procedure, see our Scotland toolkit

  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

Tenders—nature and purpose

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

Popular documents