Morton Fraser MacRoberts LLP
10 Experts
23 Contributions by Morton Fraser MacRoberts LLP Experts
PRACTICE NOTES
This Practice Note reviews the present position on adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence etc (Scotland) Act 2007 (BD(S)A 2007). For commentary on likely changes, see Adjudication for debt—anticipated future developments, below.
For guidance on:
other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a number of forms of diligence available in Scotland
the equivalent in England and Wales, see Introduction to enforcement—overview which, as well as outlining the topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, alongside an overview, links to more detailed guidance on aspects of cross-border
Dispute Resolution
PRACTICE NOTES
This Practice Note considers the position on arrestment in Scotland.
For direction on related topics, consult the following:
for alternative types of diligence in Scottish civil procedure, consult the relevant Practice Note: Enforcement in Scottish civil litigation, which in turn connects to comprehensive, in-depth practical guidance on numerous diligence mechanisms available in Scotland
for the counterpart in England and Wales, see Introduction to enforcement—overview, which, besides outlining the subject, links to fuller, practical guidance on a wide range of elements of domestic enforcement in England and Wales
for cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which, in addition to surveying the area, links to further, detailed practical guidance on multiple key aspects of cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, and this resulted in the Bankruptcy and Diligence (Scotland) Act 2024, which obtained Royal Assent on 15
Dispute Resolution
PRACTICE NOTES
This Practice Note considers the position regarding the diligence of attachment in Scotland
This note addresses how attachment operates within Scottish diligence, setting out the relevant position and context. For further guidance:
on other types of diligence in Scottish civil procedure, consult Practice Note: Enforcement in Scottish civil litigation, which in turn connects to detailed guidance on a number of forms of diligence available in Scotland
on the counterpart in England and Wales, see Introduction to enforcement—overview, which provides a general outline and links to more detailed guidance on various aspects of domestic enforcement in England and Wales
on cross-border enforcement, refer to Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on multiple aspects of cross-border enforcement
This Practice Note does not address land attachment or residual attachment; for those, see
Dispute Resolution
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
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
Private Client
PRACTICE NOTES
Workplace ‘ghosting’
This Practice Note examines workplace ‘ghosting’, where an employee or candidate accepts a role but fails to start, or stops attending and disappears without giving notice of resignation or termination. For guidance on situations where an employer ghosts a prospective employee or candidate, see Q&A: What issues arise when an employer ghosts a prospective employee? The expression ‘ghosting’ originates in online dating, where, at some point in a relationship, one person cuts off contact without explanation—so the other is ‘dumped’ without ever being told. In employment, a candidate or employee may ‘ghost’ at any stage—from skipping an interview, or not arriving on their first day, through to walking out at any time during the relationship and never returning. Indeed’s 2023 study, When Candidates and Recruiters Vanish: Indeed’s Ghosting in Hiring Report, found 46% of US job seekers surveyed believed ghosting had become more
Employment
PRACTICE NOTES
This Practice Note focuses on enforcement in Scotland.
For guidance on:
the position in England and Wales, see Introduction to enforcement—overview, which not only provides a summary of the topic but also links to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which likewise offers an overview and directs you to further detailed guidance on the different elements of cross-border enforcement
Court proceedings—value and jurisdiction
Commercial disputes worth more than £100,000 can be raised in either the Court of Session or the sheriff court (section 39 of the Courts Reform (Scotland) Act 2014 (CR(S)A 2014)). Subject to limited exceptions, matters valued at up to £100,000 are restricted to the sheriff court (CR(S)A 2014, s 39).
For guidance on the civil court structure in Scotland, see Practice Note: Civil court structure in
Dispute Resolution
PRACTICE NOTES
This Practice Note explores workers’ entitlements when they undergo fertility treatment, covering the range of treatments on offer (such as in vitro fertilisation (IVF), intrauterine insemination (IUI), medication and surgical options), how employers should handle time-off requests, when the protected period begins for pregnancy-related rights, safeguards against discrimination, considerations for introducing a workplace policy, and the most up-to-date guidance and current case law. It is crucial for employers to recognise the issues that arise for employees going through fertility treatment. The World Health Organisation reports that one in six people globally experience infertility. Fertility Network UK estimates that 3.5 million people in the UK face fertility challenges and recent surveys indicate that staff feel workplace support is insufficient. For example:
The 2023 Workplace Infertility Stigma Survey by Fertility Family found three in four respondents felt their employer did not foster an open
Employment
PRACTICE NOTES
This Practice Note explores the position concerning the diligence of inhibition in Scotland. For direction on:
other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland
the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, links to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence (Scotland) Act 2024, which obtained Royal Assent on 15
Dispute Resolution
PRACTICE NOTES
This Practice Note addresses judicial review grounds of challenge in Scotland
For guidance on:
other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland-remedies; Judicial review in Scotland-raising a claim; and Judicial review in Scotland-protective expenses orders
other key areas of Scots law and procedure, consult our Scotland collection
judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used; and Judicial review-time limits and the pre-action protocol
Key
HRA 1998-Human Rights Act 1998
ECHR-European Convention on Human Rights
ECtHR-European Court of Human Rights
Principal grounds for challenge before the Scottish courts include:
illegality
irrationality
procedural impropriety
proportionality
Each of these is outlined in greater detail
Dispute Resolution
PRACTICE NOTES
This Practice Note provides an introduction to judicial review in Scotland
For guidance on:
further aspects of judicial review in Scotland, consult Practice Notes:
grounds of challenge
remedies
raising a claim
protective expenses orders
other core areas of Scots law and procedure, see our Scotland collection
judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used and Judicial review-time limits and the pre-action protocol
Key
HRA 1998 - Human Rights Act 1998
RCS - Rules of the Court of Session 1994
SA 1998 - Scotland Act 1998
Judicial review is the mechanism by which the Scottish courts
Dispute Resolution
PRACTICE NOTES
This Practice Note considers the position regarding the diligence of money attachment in Scotland.
This Practice Note examines the current position on money attachment diligence in Scotland, and directs readers to related materials. For guidance on:
alternative diligence options within Scottish civil procedure, refer to Practice Note: Enforcement in Scottish civil litigation, which, in turn, signposts detailed guidance on a number of diligence mechanisms available in Scotland
the comparable position in England and Wales, see Introduction to enforcement—overview, which, as well as offering an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales
enforcement across borders, consult Practice Note: Cross‑border enforcement—a guide for dispute resolution practitioners, which, as well as setting out an overview of this topic, links through to more detailed guidance on various aspects of
Dispute Resolution
PRACTICE NOTES
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
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 examines protective expenses orders (PEOs) in the setting of judicial review claims brought in Scotland.
For guidance on:
other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland–grounds of challenge, Judicial review in Scotland-remedies and Judicial review in Scotland-raising a claim
other key areas of Scottish law and procedure, see our Scotland collection, and
the closest equivalent procedure in England and Wales, see Practice Note: Protective costs orders
Key:
PEO-Protective Expenses Order
PPD-Public Participation Directive 2003/35/EC
RCS-Rules of the Court of Session 1994
A
Dispute Resolution
PRACTICE NOTES
Background
In 1995, at the beginning of his examination of the civil justice system in England and Wales, Lord Woolf concluded that the principal difficulties were cost, delay, and complexity. As pressures on the modern justice system grew, the prevailing rules and procedures proved unsustainable and inefficient. Following his review, Lord Woolf issued a series of recommendations in his final report and, consequently, the civil justice system underwent substantial reform. A key change was the introduction of compulsory pre-action protocols for various categories of proceedings, including personal injury matters. These protocols are a body of rules addressing how parties should behave before litigation commences. Their primary objective is to foster the early and full exchange of documents and information about a potential claim, in the hope that settlement can be reached without court action. They were intended to avoid litigation where possible or, at the very
PI & Clinical Negligence
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
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
Dispute Resolution
PRACTICE NOTES
This Practice Note addresses the position in Scotland. For guidance on:
other forms of diligence within Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on the range of diligence available in Scotland
the equivalent in England and Wales, see: Introduction to enforcement—overview, which provides an outline of the topic and links to fuller guidance on domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, resulting in the Bankruptcy and Diligence (Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil
Dispute Resolution
PRACTICE NOTES
Civil justice reform
Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on:
further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders
other key areas of Scots law and procedure, consult our Scotland collection
judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol
Key
CR(S)A 2014: Courts Reform (Scotland) Act 2014
CSA 1988: Court of Session Act 1988
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note examines the remedies obtainable in a judicial review raised in Scotland. For guidance on:
other aspects of judicial review in Scotland, see Practice Notes:
Judicial review in Scotland
Judicial review in Scotland-grounds of challenge
Judicial review in Scotland-raising a claim
Judicial review in Scotland-protective expenses orders
issues to weigh 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 and Scottish DR: case management and evidence-overview respectively, which provide links to more detailed guidance
other facets of Scottish civil litigation, see: Scottish DR: civil appeals and judicial
Dispute Resolution
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