Pursuer meaning

Scotland Gas Networks plc v QBE UK Ltd and others [2024] CSOH 15, 2024 Scot (D) 18/2 What are the practical implications of this case? This will interest insurers, insured and their representatives. After this decision, insurers still have scope to contend that a wronged party cannot call on a policy, but that scope has been notably reduced. A judgment or decree in default stands on the same footing as a full merits determination for the purposes of TP(RAI)A 2010. Decisions under the Third Parties (Rights against Insurers) Act 1930 (1930 Act) do not bear on this question. Insurers will therefore wish to ensure their insured’s proceedings are fully defended at first instance. What was the background? The pursuer (Scottish term for claimant), Scotland Gas Networks plc (‘SGN’), the statutory successor to the Scottish Gas Board, owns and operates a wide network of gas mains and other gas transport infrastructure in Scotland. The dispute concerned one SGN gas pipeline, namely a high-pressure transmission line running between...

In this issue: Standard form construction contracts Building safety Expert Determination Litigation Arbitration Environmental issues Planning in construction Daily and weekly news alerts New and updated content Construction trackers Standard form construction contracts The SBCC Minor Works 2024 edition—what’s changed? On 26 February 2026, the SBCC unveiled its refreshed 2024 Minor Works contracts, replacing the 2016 Editions, with revised versions of the principal traditional contracts and the design and build forms to arrive later in the year. Michael Conroy, Partner and Head of the Construction & Engineering Practice at Harper Macleod LLP, sets out the headline amendments for the SBCC 2024 standard form suite and their anticipated practical effect. See News Analysis: The SBCC Minor Works 2024 edition—what’s changed? Building safety BSR rejects remedial scheme leading to split trial (Woodland Court v RCGM Ltd & Others) In Woodland Court v RCGM Ltd [2026] EWHC 351 (TCC), the claimants—collectively known as...

Samuray v Asanov [2025] CSOH 16 What are the practical implications of the case? Practitioners should note the court’s method for addressing disputes of this kind. The two agreements were said to have been signed contemporaneously, with the SPA thereby incorporated into the SPLA. The Pursuer (Claimant) argued that, as the SPA formed an integral element of the SPLA, a breach of the pertinent SPA provision constituted an event of default under the SPLA. The Defender (Defendant) disputed that position. With reference to Fiona Trust and Holding Corporation v Privalov [2007] UKHL 40, the court assessed construction on the basis that rational commercial parties would wish any dispute arising from their relationship to be determined by the same tribunal, and that this assumption should prevail unless the language clearly evidences a different common intention. Although Fiona Trust dealt with arbitration, the court considered its reasoning transferable to the conflict of laws context. The decision underscores the imperative for clarity in drafting, particularly where two or more related agreements...

Civil justice reform: Consult our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for advice on the present rules and procedures of the Scottish civil courts regarding remote hearings and the digital signing, sending and lodging of documents. The Practice Note also addresses the approach to making and/or answering a judicial tender in proceedings involving a single pursuer and a single defender in Scotland today...

Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for authoritative guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, secure transmission and lodging of documents. This Practice Note supplies practical and procedural guidance on ordinary actions proceeding in the Court of Session. For information on: substantive and procedural matters to consider before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland the role of the Court of Session, how it is constituted and the binding nature of its judgements, see Practice Note: Civil court structure in Scotland Key: RCS—Rules of the Court of Session 1994 What is an ordinary action? An ordinary action is one that follows the ordinary cause procedure set out in the RCS. The ordinary...

This Practice Note examines judicial tenders in the setting of Scottish civil actions involving multiple parties, in particular where a plurality of parties is present. It outlines sources of related guidance and mechanisms. For guidance on the following, see: additional matters concerning judicial tenders in Scotland, see Practice Notes: Tenders in Scottish civil litigation—nature, purpose and expenses implications, and Making and responding to judicial tenders in Scottish civil litigation alternative extra-judicial settlement routes in Scottish civil proceedings, see Practice Notes: Alternative dispute resolution in Scotland, and Pursuers’ offers in Scottish civil proceedings the nearest counterpart in civil proceedings in England and Wales, see Settlement and settling disputes—overview, which summarises the subject and links to detailed guidance on settlement options in England and Wales, including Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) and Without prejudice communications Multiple pursuers—separate tenders Frequently, there are actions in which more than one pursuer is involved, each advancing a distinct crave, or...

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...

IN THE SHERIFFDOM OF [ insert name of Sheriff Court ] INITIAL WRIT in causa [ insert name of pursuer ], resident at [ insert address of pursuer ] PURSUER versus (1) [ insert name of first defender ], resident at [ insert address of first defender ], (2) [ insert name of second defender ], resident at [ insert address of second defender ] and (3) [ insert name of third defender ], resident at [ insert address of third defender ] DEFENDERS __________________________ The Pursuer craves the Court: 1....

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 ] ...