Tim Edward
Tim Edward qualified as a solicitor in Scotland in 1990. He is currently a Disputes Partner at BTO Solicitors LLP, having joined them in November 2023. Prior to that, he practised as a Dispute Resolution lawyer with MBM Commercial LLP for three years and Maclay Murray & Spens LLP for 27 years and was a partner of that firm from 1996 to 2017 when the firm merged with Dentons UKME LLP. He qualified as a solicitor advocate in 1999, obtaining extended rights of audience in the Court of Session, Scotland. His practice has covered the areas of corporate and insolvency disputes, professional negligence and shipping law. He was a member of the Law Society of Scotland's Pursuer's Advisory Panel from 2002 to 2014 pursuing negligence claims against solicitors and the Law Society of Scotland's Master Policy Panel from 2014 to 2017 defending such claims. He served as MLRO for Maclay Murray & Spens from 2010 to 2017 and was deputy MLRO for Dentons in Scotland. He served on the Law Society of Scotland's Diploma Materials Committee in the 1990's and ran the Maclay Murray & Spens PCC Elective on Civil Litigation from 2003 to 2012. He carries out regular CPD training for the profession in the field of dispute resolution.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 1990
Membership
- Society of Writers to Her Majesty's Signet
- Society of Solicitor Advocates
- Professional Negligence Lawyers Association
Education
- BA (Oxon) LLB Dip LP (Edinburgh)
4 Contributions by Tim Edward
PRACTICE NOTES
Funding Civil Litigation in Scotland: Success Fee Agreements, Damages-based Agreements, QOCS, Third-Party Funding and Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
This Practice Note explains funding of Scottish civil litigation under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (CL(EGP)(S)A 2018).
For guidance on:
judicial expenses and taxation in Scotland—see Practice Note: Judicial expenses and taxation in Scottish civil litigation
group proceedings in Scotland—see Practice Notes: Group procedure in Scottish civil litigation—authorisation and permission; and Group procedure in Scottish civil litigation—procedure after permission granted
the closest equivalent provisions in England and Wales—see Funding arrangements—overview, which in turn links to detailed guidance on various aspects, including Practice Notes on LASPO: Recovery of costs insurance premiums, Damages-based agreements (DBAs) and Conditional fee agreements—success fees
Key:
CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (also referred to as the ‘Civil Litigation, etc Act 2018’)
CR(S)A 2014—Courts Reform (Scotland) Act 2014
RCS—Rules of the Court of Session 1994
Taylor Review—Review of Expenses and Funding of Civil Litigation in Scotland
Background to and implementation of CL(EGP)(S)A 2018
In September 2009, the Scottish Civil Courts Review—which proposed a range of changes to court structures in Scotland, now implemented in the Courts Reform (Scotland) Act 2014—recommended a distinct review of...
Dispute Resolution
PRACTICE NOTES
Post-Brexit Scottish civil and commercial litigation: choice of law, jurisdiction, service and enforcement—practical guidance on Rome I/II, Brussels I recast, Hague Choice of Court and Lugano
ARCHIVED :
This archived Practice Note explored what leaving the EU meant for dispute resolution practitioners in Scotland. It now sets out the status of proceedings concerning civil and commercial disputes after the close of the Brexit implementation period on 31 December 2020. For the most part, the implications for Scotland are the same as for the remainder of the UK overall. Broadly, the consequences for Scotland mirror those across the wider UK, and this Note should be read alongside the fuller England and Wales guidance, see Practice Note: Brexit post implementation period-considerations for dispute resolution practitioners [Archived]. The sections below outline how EU law and international Conventions apply within the UK, together with a synopsis of the Scottish position on applicable law, jurisdiction, cross-border process, and the recognition and enforcement of judgments. For guidance on principal topics in 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, each of which links through to more detailed material on particular features of dispute resolution in Scotland. Choice of law-Regulation (EC) 593/2008, Rome I, and Regulation (EC) 864/2007, Rome...
Dispute Resolution
PRACTICE NOTES
Scottish Civil Litigation Expenses: Principles, Taxation Procedure, Counsel/Expert Fees, Additional Charges, QOCS and Anticipated Reforms
This Practice Note explores the regime for judicial expenses and taxation in general civil litigation across Scotland.
For guidance on:
How civil claims are funded in Scotland, see Practice Note: Funding Scottish civil litigation
The closest equivalent procedure in England and Wales, see, for example:
Principles of costs recovery—overview
Costs budgeting and costs management—overview
Fixed costs—overview
Costs orders—overview
Security for costs—overview
Summary assessment—overview
Detailed assessment—overview
Discontinuance and costs—overview
which, in turn, link through to more detailed guidance on various aspects of civil litigation costs in England and Wales
Note: this Practice Note does not cover expenses in the Supreme Court, which are governed by the Supreme Court Rules. For further guidance, see Practice Note: Supreme Court—costs, fees and funding—on or after 2 December 2024.
Key:
CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (often called the ‘Civil Litigation, etc Act 2018’)
CR(S)A 2014—Courts Reform (Scotland) Act 2014
OCR—Sheriff Court Ordinary Cause Rules 1993
RCS—Rules of the Court of Session 1994
SACR—Sheriff Appeal Court Rules 2021
Taylor Report—Review of Expenses and Funding of Civil Litigation in Scotland
What are judicial expenses in Scottish civil litigation?...
Dispute Resolution
PRACTICE NOTES
Service of court documents in Scottish civil litigation: Court of Session and Sheriff Court procedures, methods, time limits, electronic and overseas service, evidence of service, defects and challenges
Civil justice reform
See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note outlines how documents are served in Scottish civil court proceedings. In this context, 'service' means the method by which court papers are provided to another party in litigation. The primary focus is on commencing an action, though the same procedures will typically apply to the intimation of a document once proceedings are underway.
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, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance
the position in England and Wales, see: Service in England and Wales—overview and Practice Note: Cross-border service—a guide for dispute resolution practitioners which, as well as providing an overview of this area, link through...
Dispute Resolution
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