BTO Solicitors LLP
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5 Contributions by BTO Solicitors LLP Experts
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
This Practice Note outlines legal professional privilege (LPP) in Scottish civil litigation. It should be read alongside Practice Note: Privilege in Scotland—general principles, which sets out the two main categories of legal professional privilege: legal advice privilege (LAP) and litigation privilege (LP), and also refers to without prejudice privilege, waiver of privilege and common interest privilege. For the position in England and Wales, see: Privilege and without prejudice communications—overview and Practice Note: Privilege—general principles which, in addition to providing an overview, link to more detailed guidance on aspects of LPP.
Key:
FOI—freedom of information
LAP—legal advice privilege
LP—litigation privilege
LPP—legal professional privilege
Accessing privileged material in Scottish civil litigation
In Scotland, several mechanisms enable recovery of otherwise privileged documents or communications, either within proceedings or outwith the court process, including:
section 1 of the Administration of Justice (Scotland) Act 1972 (AJ(S)A 1972)
commission and
Dispute Resolution
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
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
Dispute Resolution
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