Jim Cormack
Jim is a Solicitor Advocate with rights of audience in all civil and criminal courts in Scotland and in England & Wales, and is lead partner on Pinsent Mason's advocacy programme. He has extensive experience as an advocate before courts and in other types of dispute resolution. His recent advocacy work includes success in a trial before the Commercial Court of the High Court in London and success in a case heard before the General Court of the European Union. Jim also has a particular interest in alternative dispute resolution, being a member of the Chartered Institute of Arbitrators and an accredited mediator.
Jim works in a wide range of areas, with a particular focus on commercial contract, banking and finance, and intellectual property disputes, along with media and technology regulation.
Jim is recommended in the Legal 500 and is a Band 1 Ranked Lawyer in Chambers & Partners, where he is described as 'enormously pragmatic; nothing fazes him. He's a very calm presence in stressful situations and as 'one of Scotland's financial litigation big hitters.
Practice Area
Panel
- Scottish Panel
Membership
- Chartered Institute of Arbitrators
- The Society of Writers to HM Signet (the WS Society)
Education
- LLB (Hons) ' University of Edinburgh
- Diploma in Legal Practice ' University of Edinburgh
6 Contributions by Jim Cormack
PRACTICE NOTES
Commercial actions in the Court of Session (Scotland): practitioner guide to pre‑action, pleadings, document recovery, case management, hearings, sanctions, enforcement, expenses and appeals
Civil justice reform
Consult our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on how the Scottish civil courts manage remote hearings and the electronic signing, sending, transmission and lodging of documents. The Practice Note supplies pragmatic and procedural direction for commercial actions raised in the Court of Session. It also addresses the current rules and practice applicable to such proceedings, including virtual hearings and electronic processes today.
For details on:
substantive and procedural points to weigh before starting a civil claim in the Scottish courts, including the Court of Session’s jurisdiction, see Practice Note: Starting a civil claim in Scotland
the Court of Session’s function, composition and the binding force of its judgements, see Practice Note: Civil court structure in Scotland
Key:
commercial clerks inbox—commercial@scotcourts.gov.uk
commercial section inbox—gcs@scotcourts.gov.uk
RCS—Rules of the Court of Session 1994
What is a commercial action?
RCS, Rule 47.1(2) states that a ‘commercial action’ is: ‘an action arising out of, or concerned with, any transaction or dispute of a commercial or business nature in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10’. This definition has been the subject...
Dispute Resolution
PRACTICE NOTES
Court of Session Ordinary Actions (Scotland): A Practical Procedural Guide from Summons and Service to Defences, Adjustment/Amendment, Debate/Proof/Jury, Summary Decree, Motions, Enforcement, Expenses, Appeals and Virtual Hearings
Civil justice reform
See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for authoritative guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, secure transmission and lodging of documents. This Practice Note supplies practical and procedural guidance on ordinary actions proceeding in the Court of Session.
For information on:
substantive and procedural matters to consider before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland
the role of the Court of Session, how it is constituted and the binding nature of its judgements, see Practice Note: Civil court structure in Scotland
Key:
RCS—Rules of the Court of Session 1994
What is an ordinary action?
An ordinary action is one that follows the ordinary cause procedure set out in the RCS. The ordinary cause procedure was initially intended to cover most categories of action but, since its inception, distinct rules and procedure have been developed for specified types of cases, such as group proceedings, commercial actions, family cases and cases involving personal injury...
Dispute Resolution
PRACTICE NOTES
Interdict and Interim Interdict in Scotland: Scope, Tests, Competency and Jurisdiction, Drafting Precision, Wrongful Interdict Damages, Defences, Appeals, Contempt and Expenses
This Practice Note examines and summarises the position on interdict and interim interdict in Scotland.
For guidance on:
some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation
the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales
Key:
CCA 1981—Contempt of Court Act 1981
CSA 1988—Court of Session Act 1988
CR(S)A 2014—Courts Reform (Scotland) Act 2014
RCS—Rules of the Court of Session 1994
SCCR—Act of Sederunt (Sheriff Court Caveat Rules) 2006, SSI 2006/198
SC(S)A 1907—Sheriff Courts (Scotland) Act 1907
Interdict—nature and scope
An interdict is a court remedy granted to restrain a wrong that is being carried out, or where there are reasonable grounds to fear a wrong is intended (Inverurie Magistrates v Sorrie). Interdicts are personal in nature, aimed solely at the party who...
Dispute Resolution
PRACTICE NOTES
Retention and Rescission in Scots Contract Law: Mutuality, Material Breach, Ultimatum Procedure, Practicalities, and Proposed Statutory Reform
This Practice Note examines retention and rescission in Scotland.
For guidance on:
other forms of relief in Scottish civil litigation, see Practice Notes: Interdict and interim interdict in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation
key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview; Scottish DR: case management and evidence—overview; Scottish DR: civil appeals and judicial review—overview; Scottish DR: enforcement—overview; and Scottish DR: settlement and ADR—overview, which in turn link to detailed guidance on specific elements of dispute resolution in Scotland
other key areas of Scottish law and procedure, see our Scotland collection
the closest equivalent in England and Wales, see: Contractual breach damages and remedies—overview which, as well as an overview, links to further detailed guidance on remedies for breach of contract in England and Wales, including Practice Note: Rescission of a contract
Note: the remedies of retention and rescission are classed as ‘self help’ remedies because they can be exercised without first raising court proceedings. Both are rooted in the common law.
Retention—meaning
The term ‘retention’ in Scots law is one which...
Dispute Resolution
PRACTICE NOTES
Specific implement in Scottish civil litigation: final and interim orders, judicial discretion, refusal grounds, precision, impossibility, alternative remedies, and enforcement including contempt
This Practice Note reviews the position on final orders of specific implement and interim orders of specific implement in Scotland.
For guidance on:
other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation
the nearest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes
Key
CR(S)A 2014—Courts Reform (Scotland) Act 2014
LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940
Specific implement—nature and scope
Specific implement is a remedy by which the court orders a party to perform a non‑monetary obligation (White and Carter (Councils) v McGregor and AMA (New Town) Ltd v Law). It is the proper remedy when performance of a positive act other than paying money is required, for example delivery of goods or the provision of services. Under Scots law, and save as against the Crown, specific implement is in general available to a creditor in respect of a non‑monetary obligation as a matter of right in appropriate cases, subject to a residual discretion lodged in the court to refuse the remedy in exceptional circumstances where injustice...
Dispute Resolution
PRECEDENTS
Settlement agreement precedent (Scotland) for civil court or arbitration disputes, including release, agreement not to sue, confidentiality and joint minute
This Agreement is dated [ date ]
Parties
[ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ]
[ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender).
Each being a Party and, together, the Parties.
Whereas
(A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ].
(B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute).
(C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR Initial Writ ] with court reference number [ insert court reference ] (the Court Proceedings) ]...
Dispute Resolution
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