Court of Session meaning

This Checklist sets out the matters to address when organising a mediation once the parties have agreed to mediate or the court has directed it. It covers three phases: arranging the mediation the period immediately before the mediation what is required at the mediation Arranging the mediation The form of mediation — Explore and agree with your client whether the session should be held in person, by phone, or ‘online’, i.e. remotely via video conferencing. See: Remote access mediation—checklist The mediator — Nominate and appoint a mediator. See Practice Note: Choosing a mediator The mediation fees / expenses — Confirm fees and expenses with the mediator; these are commonly apportioned between the parties. See Practice Note: Mediation costs—liability and recovery The mediation agreement — Settle the mediation agreement terms with the other party/parties and the mediator. See Practice Note: Organising a mediation The administrative arrangements — Arrange practical details for the mediation, including venue and...

This Checklist summarises selected procedural requirements set out in the Rules of the Court of Session 1994 (RCS) concerning reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it considers whether a reclaiming motion is competent, whether leave to reclaim is required, and the relevant time limits. For guidance on: other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary considerations—overview, Civil appeals to the County Court and the High Court—overview, Civil appeals to the Court of Appeal—overview and Appeals to the Supreme Court—overview which, as well as offering an overview, provide links to more detailed...

ARCHIVED: This Checklist has been archived is not maintained. In Scotland, application for Judicial Review must be submitted, using the prescribed format, to the Court of Session. This Checklist outlines the principal procedural steps and the relevant time limits for judicial review in Scotland, consistent with Chapter 58 of the Rules of the Court of Session. Note: time limits may differ. The Court of Session Rules invite the court to allow extensions to time limits where the Lord Ordinary is persuaded that a longer period is required...

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

In this issue: King’s Speech 2024 Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King’s Speech 2024 King’s Speech 2024—criminal justice and law enforcement His Majesty the King outlined the government’s priorities and intended policies for the forthcoming parliamentary session at the State Opening of Parliament on 17 July 2024. As in November 2023, public safety was central to the address, and the new Prime Minister, Keir Starmer, pledged to clamp down on anti‑social behaviour, reclaim our streets and protect our borders. To achieve this, he set out plans to bolster policing and the criminal justice...

In this issue: Budgets and Finance Bills Companies and corporation tax Brexit and tax Real estate tax Individuals and income tax Stamp and transfer taxes VAT Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Budgets and Finance Bills King’s Speech 2024 His Majesty the King outlined the government’s priorities, agenda and intended measures for the forthcoming parliamentary session during the State Opening of Parliament on 17 July 2024. Initial reactions from the Private Client community to the announcements have been collated. See: LNB News 17/07/2024 92. CIOT letter to the new Exchequer Secretary to the Treasury The CIOT has written to the incoming Exchequer Secretary to the Treasury, James Murray MP, setting out tax matters for the new administration. See: LNB News 17/07/2024 22. Companies and corporation tax Supreme Court finds advisers’ fees were capital in...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Dobbies Garden Centres Limited sought a Part 26A restructuring plan at a convening hearing in October 2024 and a sanction hearing in December 2024 before the Scottish Outer House, Court of Session. The key headline points are set out below (capitalised terms not defined here have the meanings given in the sanction judgment). This Deal Debrief forms part of our Restructuring plans collection. For an in‑depth analysis of key metrics from RPs filed in England & Wales in 2023, together with commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]. Name of plan company Dobbies Garden Centres Limited (the Company) Industry sector Garden centres Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in Scotland and its centre of main interests (COMI) was in Scotland. Legal counsel involved The Company: Almira Delibegovic-Broome KC and Elisabeth Roxburgh (instructed by Burness Paull LLP and Macfarlanes LLP) Timeline...

Practice Note This Practice Note outlines how mediation operates in IP disputes, highlighting core practical points and the documents commonly employed. an overview of mediation which disputes are suitable for mediation the appropriate timing for mediation selecting a mediator what a mediation agreement should contain key documentation preparing and planning for mediation how the session is run settlement and costs It also considers the mediation service provided by the UK Intellectual Property Office (IPO). Mediation is a voluntary, confidential process through which two or more parties seek to reach a negotiated resolution of a dispute. The parties undertake it with the assistance of an impartial third party (the mediator) who facilitates progress towards agreement. There is nothing distinctive about mediating an IP dispute when compared with other disputes. The way any mediation is conducted turns on the character of the dispute and the parties’ aims; accordingly, the issues in play will steer the considerations set...

IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, KINGS’S BENCH DIVISION, COMMERCIAL COURT before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (in private session) Claim No. [ insert claim number ] between: [ insert name(s) ] as Claimant(s)/Applicant(s) and [ insert name(s) ] as Defendant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] DRAFT FREEZING ORDER PENAL NOTICE If you, [ insert name of respondent(s) ], do not comply with this order, you risk being found in contempt of court and could face imprisonment, a fine, or confiscation of assets. Anyone else with knowledge of this order who assists or allows the Respondent to contravene it may likewise be found in contempt and be imprisoned, fined, or have their assets taken. 1 THIS ORDER 1.1 By order of Mrs/Mr Justice [ ] on [ ], this Freezing Injunction is granted against [ ] (‘the...

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 ] ...