This Practice Note deals with both the substantive and procedural considerations that should be addressed when commencing a civil action in the Scottish courts. It covers: • issues of prescription and limitation of actions • investigations which should be carried out prior to raising an action • the jurisdiction of the Court of Session and the sheriff courts, and choice of forum • specialist rules available in relation to certain types of action • pre-action protocols which apply in relation to certain types of action • service of the action This note is designed to be neutral as to the procedural rules. It should be read in conjunction with both the applicable rules and the practice notes on specific procedure. For guidance, see: Scottish DR: courts and civil procedure—overview. For guidance on: • issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview,

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance below. Scope of this Practice Note Civil fraud encompasses a broad range of potential causes of action, at the heart of which are allegations of dishonest conduct. It is an interesting and challenging area of law that English courts and practitioners are used to encountering. The courts are well-equipped to deal with these cases and have jurisdiction to grant a range of remedies that can assist parties to achieve an effective resolution of their disputes. This Practice Note is intended to be a practical guide for lawyers acting on behalf of claimants in civil fraud cases. Since civil fraud encompasses so many different causes and can arise in a multitude of different contexts, this Practice Note is not intended to cover all aspects of law and practice that may be relevant in civil fraud

This Practice Note considers how to start a claim for misuse of private information (a privacy claim) in England and Wales on or after 1 January 2021. It covers: • whether there is a claim and who can bring it • who the potential defendants are and key defences • remedies • limitation • jurisdiction • other considerations on receipt of instructions (interim relief, document preservation, alternate causes of action and alternatives to litigation) • funding the claim • pre-action conduct • starting proceedings For further information on the misuse of private information, see Practice Note: Privacy law—misuse of private information. For guidance on initial considerations when faced with a claim against your client for misuse of private information, see Practice Note: Responding to a claim for misuse of private information—a practical guide. Privacy claim—is there a claim? Clearly the first step is to identify whether or not your client has a claim. What does a claimant have to show to establish a claim in misuse of private information? The

This Checklist for privacy claims identifies the key factors you should consider when advising a prospective claimant considering pursuing a claim for misuse of private information (privacy claim) It focusses on the merits of the claim, ie what the claimant must establish to found a cause of action, any available defences, issues of limitation, jurisdiction, injunctions to prevent publication, document preservation, regulatory complaint, pre-action conduct, funding and issuing the claim and settlement including Part 36 offers. This Checklist should be read alongside Practice Note: Starting a claim for misuse of private information—a practical guide. It may also be useful to understand how your opponent may react to a threatened privacy claim against them, for guidance on which, see Practice Note: Responding to a claim for misuse of private information—a practical guide. Action Comments Is there a viable privacy claim? The underlying legal right relating to the cause of action arises from Article 8 of the European Convention on Human Rights (ECHR), as incorporated into English law by the Human Rights Act 1998

There are numerous potential complexities involved in disputes arising within the energy sector. Frequently, because of the location of the projects or energy source, the nationality of the parties and the venue or law chosen for resolving disputes, disputes will be international in nature and will involve consideration of cross-border issues. The dispute may arise from more than one contract and between more than two parties. In many cases, they will involve governments or state-owned entities, which introduces a further level of complexity. Given the breadth of this category of disputes, this Practice Note focuses on the practical issues which may need to be considered in starting a claim and does not address specific substantive issues relating to any particular dispute. For a summary of the various issues to consider, see: Starting a claim in an energy dispute—checklist. Energy disputes—examples and hypothetical scenario The scope of disputes which might be classed as an energy dispute is broad. Examples of typical energy disputes include: • a dispute between the parties

This Checklist identifies the key factors to consider when advising a prospective claimant on how to pursue a claim in an energy dispute. This includes a broad range of claims, the common factor in which is that they arise in the energy industry and so will comprise claims relating to oil and gas exploration and production, the construction and operation of facilities for processing and transporting hydrocarbons, the generation of power and sale of the energy. By their nature, energy projects are often complex and multi-layered and usually involve international elements. Accordingly, maintaining from the outset a clear checklist of all the general and specific issues which need to be considered when dealing with such a dispute is recommended. For further guidance on responding to both energy disputes and attendant litigation, arbitration and ADR guidance, see the links to our related content on the right hand side of this page. This Checklist should be read alongside Practice Note: Starting a claim in an energy dispute—a practical guide. Action Comments Consider

This Practice Note on starting a debt claim provides guidance on the matters you should consider both before and after issuing a simple contractual debt claim, including the appropriate jurisdiction, limitation, alternative dispute resolution (ADR) and insolvency processes, pre-action requirements, assignment of debts and when, where and how to issue and serve a claim. For guidance on what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. For further guidance on debt claims, see: • Practice Note: Discharging a contractual debt • Starting a contractual debt claim—checklist (which includes summary consideration of issues such as the nature of the claim itself, the parties to the contract, the debtor’s assets, the value of the debt, what the client wants to achieve from litigation, with links to relevant content) For more general guidance on starting claims, see: Starting a claim or counterclaim—overview. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your

This Checklist on debt claims identifies the key considerations when issuing a claim for a simple contractual debt. It is important that you consider the nature of the claim itself, the parties to the contract, the debtor’s assets, the value of the debt, what the client wants to achieve from litigation, limitation periods and any potential jurisdictional issues. This Practice Note should be read in conjunction with Practice Note: Starting a contractual debt claim—a practical guide. Issue Considerations Is the proposed claim actually a claim in debt? Some claims that appear to be debt claims are actually claims in damages. It is important to understand the distinction because there are significant practical differences between claims in debt and claims in damages, so you should ensure that you are seeking the appropriate remedy.For guidance, see Practice Note: Debt claims. Who are the parties to the agreement? This sounds like an obvious question, but it is an important one to ask because it covers a number of different points:—if proceedings are to be issued, you need to

This checklist identifies the key factors that you should consider when advising a prospective party in relation to a potential dispute arising out of a derivative contract. It is designed for derivative contracts based on the International Swaps and Derivatives Association (ISDA) Master Agreements: caution is needed when using this checklist with non-ISDA based derivative contracts. This checklist should be read alongside Practice Note: Dispute resolution and derivatives. Action Comments Ensure the derivative contract is properly executed and binding Check:• the Master Agreement has been properly executed and not superseded by a subsequent Master Agreement • a Schedule to the Master Agreement is in place • all Confirmations have been validly agreed and are binding • whether there is a Credit Support Annex • whether there are any side letters, amendment agreements, or other relevant contractual documents in place that may affect the terms of the derivative contract Review the derivative contract Check:• which form of ISDA Master Agreement is used for the derivative contract (1992 or 2002) • the provisions

This Checklist highlights the information that should be requested from the client before starting a development project, and other steps that will need to be taken to facilitate a successful development project transaction. A development project, for example the construction of an office building with external financing, will involve numerous parties including funders, possibly a separate purchaser, the developer, the tenant and the construction team (which will include contractors, consultants and sub-contractors), see: Structure of a development project—diagram. Many documents will therefore need to be drafted, negotiated and completed to govern the relationships between all of these parties (see Practice Note: Development documents—introduction). It is very important therefore that sufficient detail is obtained about the project at the outset and that lawyers with experience in the appropriate areas are involved to avoid errors or gaps in the documentation. This Checklist provides a starting point for a development project when acting for the developer, and is drafted with a construction lawyer in mind but with reference to the other areas of law that will be relevant and which

Scope of this Practice Note This Practice Note provides practical guidance and tips when bringing a professional negligence claim. It includes a hypothetical claim scenario for illustration purposes. It covers immediate considerations from identifying the duty (contractual, tortious or both) and the alleged breach, the loss and remedy sought, including causation, quantum and duties to mitigate, application of the Pre-Action Protocol for Professional Negligence, limitation and issuing and pleading the claim, evidential issues including disclosure and use of experts, as well as practical matters such as alternative dispute resolution (ADR) and cross-border issues. Professional negligence claims can cover a whole range of professional activities, including claims against: • the medical profession—see Practice Note: The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards and related content • architects and engineers—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives and related content • solicitors and barristers • surveyors • insurance and financial service providers In the absence of a specific pre-action protocol such as those for clinical negligence and engineering claims, the

This Checklist has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For links to guidance on the 2021 ICC Rules (in force 1 January 2021) and the 2012 ICC Rules, see: ICC arbitration—overview. Pre-arbitration Day 0 Day 30 Day 60 If commencing arbitration, the claimant should consider:• the arbitration agreement• any limitation issues• alternative dispute resolution (ADR) provisions A party requiring urgent relief may commence emergency arbitrator proceedings (ICC, App V, art 29), see Practice Note: ICC (2017)—emergency arbitrator proceedings [Archived]A copy of the ICC Arbitration Rules 2017 are available here The claimant’s Request for Arbitration (the Request) will be received by the International Chamber of Commerce (ICC) Secretariat (with filing fee) (ICC, art 4(3))—see Practice Note: ICC (2017)—fees, advances and costs [Archived] The respondent will file the Answer to the Request and any counterclaims within 30 days of notice of Request from