Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Pleadings definition

What does Pleadings mean? In civil litigation, pleadings are the written documents by which parties set out the material facts, legal basis and remedies sought, thereby defining the issues for disclosure and trial. The term is descriptive and used across the UK and Ireland. In England and Wales, “pleadings” is commonly used as shorthand for “statements of case”, a term defined in CPR r 2.3. These include the claim form, particulars of claim, defence, reply to defence, Part 20 claims (such as counterclaims and other additional claims) and any further information provided under CPR Part 18. Statements of case must be confined to facts (not...

Written Pleadings in Scottish Civil Actions: Who May Draft, Structure, Craves, Averments, Pleas-in-Law, Defences and Preliminary Pleas

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Practice notes

This Practice Note is concerned with the preparation of written Pleadings in civil actions in Scotland.

In Scotland, as in other legal systems, a party seeking to advance or oppose a civil claim must first reduce that claim or defence to writing. Such written statements make up the pleadings, and are often referred to as ‘writs’. There is no single, standardised form of pleadings used in every Scottish court. For historical reasons, the titles and formats of writs vary according to the court seized and the remedy pursued. Typical examples are:

summons in the Court of Session—RCS, Ch 13
defences in the Court of Session—RCS, Ch 18
petitions in the Court of Session—RCS, Ch 14
initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1
defences in the sheriff court—OCR, Rule 9.6
initial writs under the Summary Application rules in the sheriff court—SAR, Ch 2.4
counterclaims—RCS, Ch 25; OCR, Ch 19
pleadings in appeals—RCS, Chs 39–41; SACR, Ch 6

A comprehensive examination of each of these forms falls beyond the scope of this Practice Note...

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Timothy Young

Ampersand Advocates

Tim Young is a leading junior counsel with particular emphasis on commercial and public law disputes.He has acted in many of the largest commercial disputes of recent years and has a wide range of experience in commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and intellectual property.He also has substantial experience of judicial review and statutory appeals in the field of public and administrative law, particularly public procurement disputes and professional discipline matters. As well as appearing in Court, he has appeared in a wide variety of tribunals, committees, and disciplinary hearings.Tim is, also, a Standing Junior Counsel to the Scottish Government, and regularly appears in the courts for the Scottish Government.He graduated with a first class honours from the University of Strathclyde. Throughout his career, he has maintained links with academia through...

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