Jurisdiction(s):
United Kingdom

Commercial actions in the Court of Session (Scotland): practitioner guide to pre‑action, pleadings, document recovery, case management, hearings, sanctions, enforcement, expenses and appeals

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Practice notes

Civil justice reform

Consult our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on how the Scottish civil courts manage remote hearings and the electronic signing, sending, transmission and lodging of documents. The Practice Note supplies pragmatic and procedural direction for commercial actions raised in the Court of Session. It also addresses the current rules and practice applicable to such proceedings, including virtual hearings and electronic processes today.

For details on:

substantive and procedural points to weigh before starting a civil claim in the Scottish courts, including the Court of Session’s jurisdiction, see Practice Note: Starting a civil claim in Scotland
the Court of Session’s function, composition and the binding force of its judgements, see Practice Note: Civil court structure in Scotland

Key:

commercial clerks inbox—commercial@scotcourts.gov.uk
commercial section inbox—gcs@scotcourts.gov.uk
RCS—Rules of the Court of Session 1994

What is a commercial action?

RCS, Rule 47.1(2) states that a ‘commercial action’ is: ‘an action arising out of, or concerned with, any transaction or dispute of a commercial or business nature in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10’. This definition has been the subject...

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Jim Cormack

Pinsent Masons

Jim is a Solicitor Advocate with rights of audience in all civil and criminal courts in Scotland and in England & Wales, and is lead partner on Pinsent Mason's advocacy programme. He has extensive experience as an advocate before courts and in other types of dispute resolution. His recent advocacy work includes success in a trial before the Commercial Court of the High Court in London and success in a case heard before the General Court of the European Union. Jim also has a particular interest in alternative dispute resolution, being a member of the Chartered Institute of Arbitrators and an accredited mediator. Jim works in a wide range of areas, with a particular focus on commercial contract, banking and finance, and intellectual property disputes, along with media and technology regulation. Jim is recommended in the Legal 500 and is a Band 1 Ranked Lawyer in...

Web page updated on 21/05/2026

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