Sheriffdom meaning

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....

Practice Note This Practice Note examines pre-action behaviour in ordinary and commercial civil disputes in Scotland. For guidance on: pre-action steps in Scottish personal injury matters, see Practice Note: The Scottish Personal Injury Pre-Action Protocol other issues to weigh before raising a civil claim in a Scottish court, and how to commence and advance a claim, see Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which lead to more detailed guidance the closest comparable process in England and Wales, see Pre-action: general—overview and Pre-action protocols—overview, which in turn link to fuller guidance on various aspects of pre-action conduct in England and Wales Note: this Practice Note does not provide guidance on pre-action requirements in ordinary actions that are partly governed by statute; for example, where a lender seeks to enforce a qualifying standard security under the Conveyancing and Feudal Reform (Scotland) Act 1970, or where a landlord intends to evict a former tenant after irritancy...

Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring....

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 ] ...