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Key definition
Pursuer definition

What does Pursuer mean? In Scottish civil litigation, the pursuer is the person or organisation who starts (raises) a civil court action seeking a remedy against another party (the defender). The pursuer raises proceedings by summons in the Court of Session or by initial writ in ordinary cause actions in the sheriff court. In simple procedure cases the initiating party is called the claimant, and in petition proceedings (for example, judicial review) the initiator is the petitioner. “Pursuer” is a procedural term embedded in Scots law and widely used in the Rules of the Court of Session and Sheriff Court Rules, rather than a single...

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Scottish pursuers’ offers: procedure, making, acceptance, withdrawal, late acceptance, and expenses/interest consequences (50% uplift) under RCS 34A and OCR 27A

Practice notes
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Practice Note on pursuers’ offers in Scottish civil litigation

This Practice Note focuses on pursuers’ offers within Scottish civil proceedings, preserving the core guidance and context provided...

Further guidance

  • Judicial tenders: see Practice Notes—Tenders in Scottish civil litigation—nature, purpose and expenses implications; Making and responding to judicial tenders in Scottish civil litigation; and Tenders in multi-party Scottish civil litigation
  • Expenses and taxation: see Practice Note—Judicial expenses and taxation in Scottish civil litigation
  • ADR: see Practice Note—Alternative dispute resolution in Scotland
  • Other key areas of Scottish law and procedure: see our Scotland collection
  • Closest equivalent in England and Wales: see Part 36 offers—overview, which links to detailed guidance on various aspects, including Precedents, on Part 36

Key

  • RCS—Rules of the Court of Session 1994
  • OCR—Sheriff Court Ordinary Cause Rules 1993

Provisions highlighted in this Note are of particular importance; however, readers should consider the rules in their entirety...

Reintroduction of pursuers’ offers in Scotland

From 3 April 2017, formal pursuers’ offers were reintroduced for ordinary procedure (including personal injury) in both the Court of Session (RCS, Ch 34A) and the Sheriff Court (OCR, Ch 27A) in any case...

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Nicola Edgar
Nicola Edgar

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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