Condescendence meaning

This Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland. In Scotland, as in other legal systems, a party seeking to advance or oppose a civil claim must first reduce that claim or defence to writing. Such written statements make up the pleadings, and are often referred to as ‘writs’. There is no single, standardised form of pleadings used in every Scottish court. For historical reasons, the titles and formats of writs vary according to the court seized and the remedy pursued. Typical examples are: summons in the Court of Session—RCS, Ch 13 defences in the Court of Session—RCS, Ch 18 petitions in the Court of Session—RCS, Ch 14 initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1 defences in the sheriff court—OCR, Rule 9.6 initial writs under the Summary Application rules in the sheriff court—SAR, Ch 2.4 counterclaims—RCS, Ch 25; OCR, Ch 19 pleadings in appeals—RCS, Chs 39–41;...

This How to complete an action for proving the tenor of a lost Will or codicil guide has been produced in partnership with Fergus Colquhoun of Terra Firma Chambers. It offers a worked example of an action to establish the tenor of a lost codicil in Scotland. It also sets out guidance on the degree of narrative and specification that ought to be included within the action. It is intended to be read in conjunction with Precedent: Style for action for proving the tenor of lost Will—Scotland. Example of completed action The fully completed example action can be accessed here in full as a reference: Choice of Sheriff Court The appropriate Sheriff Court is the competent court with jurisdiction over the locality in which the deceased was domiciled on the date of death. Who to identify as the Pursuer Anyone with a relevant interest may raise the proceedings, although in practice it will most commonly be the executor, or the individual entitled to be...