Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Read More Right Arrow

Scottish civil litigation: relevance, admissibility, gathering and recovery of factual evidence, disclosure, privilege and presentation, with special procedures for commercial, intellectual property and personal injury actions

Practice notes
imgtext

Civil justice reform

See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains:

  • what factual evidence may and may not be led
  • how to gather factual evidence (and when this may not be required)
  • disclosure obligations in Scottish civil litigation and the effect of Legal professional privilege
  • how to place factual evidence before the court
  • how to present the evidence in court

Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on:

  • matters to consider before raising a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance
  • other aspects of Scottish
...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Mark Boni
Mark Boni

Mark called to the Scottish Bar in 2020, having qualified as a solicitor in 2014.Mark has experience in a wide range of commercial, private and public law litigation. As a solicitor and latterly associate with a well-known litigation firm, he regularly appeared in the Sheriff Courts conducting proofs and debates and also acted for clients in a number of high profile judicial reviews. In addition, Mark has conducted many procedural hearings, opposed motions and interim order hearings, including urgent interdict hearings.Mark has experience of litigating in the Sheriff Courts, Sheriff Appeal Court, Lands Tribunal, Court of Session (Outer and Inner Houses) as well as the UK Supreme Court. Mark also has experience in alternative dispute resolution, including arbitration and mediation.Whilst devilling, Mark was a Lord Hope Scholar and was involved in a variety of complex and high value cases including...

Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow