Richard McMeeken
Richard is a partner in the commercial litigation team at Morton Fraser MacRoberts LLP where he has worked for 20 years. He is ranked as a leading individual for commercial litigation in Chambers. He has a broad practice focussing on disputes in the areas of commercial contract, real estate, professional liability and insolvency. He also deals with cases in the areas of fraud and financial crime and is the firm's Money Laundering Compliance Officer. In addition to his commercial litigation practice, Richard leads Morton Fraser's contentious trusts and executries team which is ranked Band 1 in Legal 500. He is a solicitor advocate (2011) and is qualified (although does not currently practice) in England & Wales (2008). Richard also has an academic interest in the law and regularly speaks at conferences on his areas of expertise and regularly writes on legal developments. He is an editor of the Civil Practice Bulletin in Scotland and, for 10 years, was the lead commercial litigation tutor on the Diploma in Legal Practice at the University of Edinburgh. He is a board member of the Scottish Legal Complaints Commission.
Practice Areas
Panels
- Contributing Author
- Scottish Panel
Qualified Year
- 2003
Membership
- Professional Negligence Lawyers Association
- Law Society of Scotland
Qualifications
- Dip LP (2001)
- LLM (2000)
- LLB (Hons) (1998)
Education
- Rijksuniversiteit Leiden (1999–2000)
- University of Dundee (1994–1998)
6 Contributions by Richard McMeeken
PRACTICE NOTES
Commencing Civil Proceedings in Scotland: Prescription and Limitation, Pre-action Investigations, Choice of Forum and Procedure, Protocols and Service
This Practice Note
This note sets out the substantive and procedural points to address when beginning a civil action in the Scottish courts. It covers:
prescription and limitation considerations
enquiries to carry out before raising proceedings
the jurisdiction of the Court of Session and the sheriff courts, and forum choice
specialist rules applying to particular categories of action
pre-action protocols relevant to certain types of claim
service of the action
The note is intended to be neutral regarding procedural rules. It should be read alongside the applicable rules and any practice notes on specific procedures. For an overview, see: Scottish DR: courts and civil procedure—overview.
For guidance on issues to evaluate before bringing a civil claim in Scotland, and on initiating and advancing a claim, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, each of which links to more detailed guidance.
For the position in England and Wales, see: Starting a claim—overview which, as well as giving an...
Dispute Resolution
PRACTICE NOTES
Contentious estates under Scots law: validity of wills, challenges to confirmation, executor duties and removal, rectification, interpretation, ademption, capacity, facility and circumvention, undue influence, accounting, and proving the tenor
Legal validity of Wills
In Scots law, a testamentary writing made after 1995 is treated as valid and self‑proving where the following requirements are met:
the testator has signed every page
the signing took place in the presence of a witness
the witness signed the final page
The absence of one or more of these features is not fatal, provided the testator did sign the document. If so, anyone with an interest (for example, an executor or beneficiary) may ask the court to ‘set up’ the writing. This can be done by summary application in the Sheriff Court, or incidentally within other proceedings, and in practice is often pursued when applying for confirmation.
The burden of proof rests on the applicant, and evidence will usually be by affidavit unless the court directs otherwise. A decree has the effect of creating a presumption that the document was subscribed by the person granting it.
Grant of confirmation
Confirmation is the process through which...
Private Client
PRACTICE NOTES
Post-defences case management in Scottish civil litigation: Court of Session and sheriff court procedures for ordinary, personal injury and commercial actions through to debate, proof or jury trial
Civil justice reform
Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court:
ordinary actions
personal injury actions
commercial actions
Procedure in the sheriff court is addressed more briefly, reflecting its parallels with the equivalent Court of Session process (especially under the newer personal injury and commercial rules). The Practice Note does not cover procedure by petition under RCS, Ch 14...
Dispute Resolution
PRACTICE NOTES
Scots contract law: illustrative decisions on interpretation, oral contracts, battle of forms/jurisdiction, implied terms and prevention, termination/damages, prescription, rectification, and construction and commercial lease disputes (2020–2026)
This Practice Note summarises a range of illustrative Scottish court decisions concerning contractual disputes. Although every dispute requires examination on its own distinct factual and legal footing, appreciating how the principal legal rules operate within actual scenarios is helpful. For guidance on the well-established general principles relevant to interpretation and remedies for breach, see our E&W guidance:
Contract interpretation-overview
Contractual breach damages and remedies-overview
For further material on Scottish civil litigation, consult our topic: Scottish dispute resolution, which signposts more detailed guidance.
Case details and analysis
BPL Contracts (Scotland) Ltd v Beattie FRC Ltd
6 March 2026 | Court of Session, Outer House | [2026] CSOH 22
Nature of dispute
The dispute stemmed from the Aberdeen Harbour expansion works. The defender acted as main contractor, with the pursuer engaged for two work packages: the Crown Wall works and the Pavement Slab works. Both sub-contracts were concluded orally and never committed to writing. The parties were at odds over the terms of those oral agreements and the amounts alleged to remain due...
Dispute Resolution
PRACTICE NOTES
Scottish civil courts: roles, constitution, jurisdiction, procedures, precedent and appeals, including UK Supreme Court, Court of Session, Sheriff Appeal Court and Sheriff Courts
This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts
It outlines each court’s role, their composition and jurisdiction. It also covers the procedures that govern proceedings, the precedential weight of decisions, and the avenues of appeal. It should be read alongside the —flowchart, which gives a simple diagram of the civil court system.
Note: any mention in this Practice Note of appeals to the Supreme Court should be understood as relating to matters where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, when the SCR took effect (SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date (SCR 62(2)). However, the old SCR remain applicable to:
appeals that were already in progress before 2 December 2024
applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2 December 2024, and
...
Dispute Resolution
FLOWCHARTS
Scottish Civil Courts Flowchart: Standard Civil Action Structure, Jurisdiction and Appeal Routes (excluding personal injury and commercial)
In Scotland, minor offences are pursued via a summary complaint. The summary process is governed by Part IX of the Criminal Procedure (Scotland) Act 1995...
Dispute Resolution
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