Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

Post-defences case management in Scottish civil litigation: Court of Session and sheriff court procedures for ordinary, personal injury and commercial actions through to debate, proof or jury trial

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Practice notes

Civil justice reform

Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil Claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court:

ordinary actions
personal injury actions
commercial actions

Procedure in the sheriff court is addressed more briefly, reflecting its parallels with the equivalent Court of Session process (especially under the newer personal injury and commercial rules). The Practice Note does not cover procedure by petition under RCS, Ch 14...

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Richard McMeeken

Morton Fraser MacRoberts LLP

Richard is a partner in the commercial litigation team at Morton Fraser MacRoberts LLP where he has worked for 20 years. He is ranked as a leading individual for commercial litigation in Chambers. He has a broad practice focussing on disputes in the areas of commercial contract, real estate, professional liability and insolvency. He also deals with cases in the areas of fraud and financial crime and is the firm's Money Laundering Compliance Officer. In addition to his commercial litigation practice, Richard leads Morton Fraser's contentious trusts and executries team which is ranked Band 1 in Legal 500. He is a solicitor advocate (2011) and is qualified (although does not currently practice) in England & Wales (2008). Richard also has an academic interest in the law and regularly speaks at conferences on his areas of expertise and regularly writes on legal...

Nicola Edgar

Morton Fraser MacRoberts LLP

Nicola is a Partner at Morton Fraser MacRoberts LLP. She is an accredited specialist in personal injury law and certified by the Law Society of Scotland as a trauma informed lawyer. She is also highly experienced in dealing with clinical negligence litigation. Acting on behalf of both pursuer and defender clients, Nicola specialises in high value, complex claims with a particular focus on fatal claims. She regularly acts on behalf of individuals, large scale insurers, commercial clients and public sector clients and advises on a wide variety of claims including those involving employers' liability, public liability, cycling accidents, motor accidents, occupational disease and accidents abroad. She has successfully resolved medical negligence claims following delayed and missed diagnosis, together with negligent treatment. Nicola deals with pre-litigated cases in which she focusses on negotiating satisfactory settlements on behalf of her clients. If an agreement is not reached, she provides sturdy advice based on her...

Web page updated on 22/05/2026

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