Joanna Clark
Joanna Clark is a Professional Support Lawyer specialising in commercial litigation and dispute resolution. She moved into her current role at CMS Cameron McKenna Nabarro Olswang LLP after 23 years in practice during which she focused on commercial litigation, banking and insolvency litigation, tax disputes and public law litigation. She was accredited as a specialist in insolvency by the Law Society of Scotland from 2011-2021.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 1997
Experience
- CMS Cameron McKenna Nabarro Olswang LLP (2019 - Present)
- DLA Piper (2014 - 2019)
- Brodies LLP (2011 - 2014)
- Shepherd & Wedderburn LLP (1995 - 2011)
Qualifications
- LLB (Hons) (1994)
- Dip L P (1995)
Education
- University of Edinburgh (1995)
4 Contributions by Joanna Clark
PRACTICE NOTES
Group proceedings in Scotland under RCS Chapter 26A: representative authorisation and permission—procedure, tests and case law
Civil justice reform
See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up‑to‑date guidance on the current rules and day‑to‑day practice of the Scottish civil courts in relation to remote hearings and the electronic signing, electronic transmission and lodging of documents.
This Practice Note outlines group procedure in Scottish civil litigation and carefully addresses the preliminary applications that must be sanctioned by the court before any group proceedings can properly be commenced.
It opens with a concise account of the origin and the core statutory framework governing group procedure.
It then considers the two applications requiring the court’s approval before such proceedings may start: the application to authorise the proposed representative and the application seeking permission to bring group proceedings.
For practical guidance on the conduct of group proceedings after permission has been granted, see Practice Note: Group procedure in Scottish civil litigation—procedure after permission granted.
For guidance on the following:
issues to consider before bringing a civil claim in a Scottish court
how to start and progress 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...
Dispute Resolution
PRACTICE NOTES
Practitioners’ Guide to Witness Statements in Scottish Civil Litigation: Admissibility, Rules, Commercial Court Guidance, Preparation, Exchange, Objections and Use at Proof
This practice note explains the use of witness statements by witnesses of fact in the Scottish courts, with reference to the relevant rules, guidance and case law, and offers practical drafting points. It does not deal with expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement—Scottish civil proceedings.
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
other key areas of Scottish law and procedure, see our Scotland collection
the equivalent in England and Wales, see Practice Notes: Planning, interviewing and assisting witnesses, Witnesses—interviewing and preparing for trial [Archived], Witness statements—substantive content, and Drafting witness statements—formalities and dealing with problematic witnesses
Key:
OCR—Sheriff Court Ordinary Cause Rules 1993
RCS—Rules of the
...
Dispute Resolution
PRACTICE NOTES
Scottish group proceedings after permission: opt-in and withdrawal, group register, commencement and time bar, defences, case management, hearings, disclosure, expenses, appeals and settlement
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 court practice in Scotland relating to remote hearings and the electronic signing, transmission and lodging of documents.
This Practice Note is the second in a two‑part series exploring Scotland’s class actions process, termed ‘group procedure’, and focuses on how group proceedings are handled after permission is granted. It first considers the permission order made by the court, the start date of the group proceedings, and the mechanisms for joining and opting out of the group. It then addresses the conduct of defended group proceedings, covering case management, disposal, appeals and settlement. For the procedure up to the grant of permission, see Practice Note: Group procedure in Scottish civil litigation—authorisation and permission.
For guidance on:
issues to consider before bringing a civil claim in a Scottish court, and how to commence and progress 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, which link to more detailed guidance...
Dispute Resolution
PRECEDENTS
Witness statement precedent—Scottish civil proceedings (Court of Session and Sheriff Court)
IN THE COURT OF SESSION [ indicate any specialist procedure used, e.g. Commercial action ] Case reference [ insert case reference ]
in the cause OR SHERIFFDOM OF [ insert location ] At [ insert location ] Case reference [ insert case reference ]
Between
[ insert name and designation ] [ Pursuer OR Petitioner OR other ]
and
[ insert name and designation ] [ Defender OR Respondent OR other ]
WITNESS STATEMENT OF [ insert full name of witness ]
My name is [ insert name ]. [ I am [ insert age ] years of age. ] [ My address is [ insert address ]. ] [ Briefly describe the capacity in which this statement is provided, e.g. I am the Pursuer, or an employee of the Pursuer, etc ]. [HEADING] [Sub-heading]
[ Present the witness’s evidence in this and the following paragraphs ]
[ insert text ]
[ insert text ]
Statement of Truth
I confirm that the facts set out in this witness statement are true to the best of my knowledge and belief.
Signed ………………………………………………………………………
Name [ and designation if appropriate ] ……………………………………
Date …………………………………………………………………………...
Dispute Resolution
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