Defences (sheriff court and Court of Session) meaning

This Practice Note examines and summarises the position on interdict and interim interdict in Scotland. For guidance on: some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales Key: CCA 1981—Contempt of Court Act 1981 CSA 1988—Court of Session Act 1988 CR(S)A 2014—Courts Reform (Scotland) Act 2014 RCS—Rules of the Court of Session 1994 SCCR—Act of Sederunt (Sheriff Court Caveat Rules) 2006, SSI 2006/198 SC(S)A 1907—Sheriff Courts (Scotland) Act 1907 Interdict—nature and scope An interdict is a court remedy...

This Practice Note explores how adjudication awards are enforced in Scotland, together with the procedural questions that most often arise. Why enforcement is necessary Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a properly reached adjudicator’s decision is binding and capable of enforcement until the dispute is finally determined (see Practice Note: Adjudication decision). Yet an adjudicator’s award is not a court judgment; therefore, if the losing party does not comply with any element of it, it cannot be enforced in the same manner. To secure compliance in Scotland, the successful party must raise enforcement proceedings in the Court of Session or the Sheriff Court to obtain a court decree reflecting the adjudicator’s decision, which decree can then be enforced. Within Scottish litigation, the party initiating enforcement is the ‘pursuer’ (ie claimant), and the opponent is the ‘defender’ (ie defendant). Selection of Court and Procedural Rules Court of Session Jurisdiction To commence a case in the Court of Session, the principal...

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;...