Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Employment litigation in Scotland: civil court structure, jurisdiction, procedure, rights of audience, interim interdicts, dawn raids, industrial action and breach of contract essentials

Published by a LexisNexis Employment expert

Practice notes

Scottish civil courts

Scottish civil courts, like those in England and Wales, can and do determine certain employment Disputes. Nevertheless, there are substantial differences between the civil court systems in Scotland and in England and Wales that practitioners must appreciate. This Practice Note sets out an overview of:

the most common orders sought by employment lawyers in Scottish civil courts
the structure of the Scottish civil court system
the jurisdiction and principal features of each relevant court
rights of audience
Rules of procedure
important points concerning:
- Breach of contract claims in Scotland
- injunctive (interlocutory) relief in Scotland
- dawn raids in Scotland
- industrial relations disputes in Scotland
- equality of terms claims in Scotland

The aim of this Practice Note is to introduce the key elements of the Scottish civil court system for employment practitioners. It is not intended to, and does not, offer a complete treatment of every aspect and complexity of civil court procedure in Scotland. Practitioners outside Scotland should obtain advice from a Scottish practitioner in relation to litigation before the Scottish civil courts. Further materials on Scottish civil litigation are available. It should be read with applicable rules of procedure and further materials available on Scottish civil litigation...

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Russell Bradley

Westwater Advocates

Russell Bradley was admitted as an advocate on 1st June 2012. Prior to that, he was in private practice as a solicitor for over 20 years. In the latter 10 years, he worked exclusively in the employment field as partner and head of the Scottish employment team with the global law firm DLA Piper. His work covered the whole gamut of employment issues. He was accredited as a specialist in employment law by the Law Society of Scotland and has retained that exclusive focus on employment work in his years since coming to the Scottish Bar. In the four-year period from November 2020 he was a fee-paid employment judge in Scotland. He returned to practice in November 2024, resuming his rights to appear in the Scottish ET and EAT. His practice is primarily first instance in the employment tribunal where he is regularly and...

Web page updated on 21/05/2026

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