Produced in partnership with Euan McSherry of Aberdein Considine.

This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:

Note: this Practice Note does not offer guidance on pre-action requirements in ordinary actions governed, in part, by statute for example: where a lender wishes to enforce a qualifying standard security under the Conveyancing and Feudal Reform (Scotland) Act 1970; where a landlord wishes to evict a former tenant having irritated a lease (Law Reform (Miscellaneous Provisions) (Scotland) Act 1985); etc.

Key:

  • COSPN 2017: 2017 Practice Note—guidance issued by the Court of Session for commercial actions in that court. This came into force on 27 March 2017, supplements the RCS and can be accessed from the right-hand margin of this guidance
  • OCR: Ordinary Cause Rules—govern ‘ordinary actions’ proceeding in any of the Sheriff Courts
  • RCS: Rules of Court of Session—govern procedure, including commercial action procedure, in the Court of Session
  • SCPN1 of 2017: Practice Note No 1 of 2017—guidance issued by the

 

 

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LexisNexis Scots Law Scottish Civil Litigation