Jim Cormack

This Practice Note provides an overview of commercial actions in the Court of Session. It provides guidance on what kind of cases fall within the definition of a commercial action and the potential benefits of adopting commercial procedure for appropriate cases. It explains how to start a commercial action, including pre-action considerations, the requirements of the summons and service of the summons. It also covers how to respond to the summons as a defender, how to transfer actions to or from the commercial roll, document disclosure/recovery, adjustment of pleadings and motions. The purpose and procedural requirements of the preliminary hearing and procedural hearing are described and the Practice Note explains how a substantive hearing (debate, proof or proof before answer) is fixed in a commercial action. For each type of hearing, the main procedural requirements are summarised including in relation to lodging documents and witness statements or authorities. It also summarises how to enforce the final decree (decision of the judge), how to appeal the judgment, and the position regarding expenses.

This Practice Note sets out and examines the remedies of permanent interdict and interim interdict under Scots law. In doing so it considers a number of key concepts including: the nature and scope of final interdict and interim interdict; the Scottish courts’ jurisdiction and discretion to determine actions for interdict; what is required for a competent interdict claim including title and interest, craving interdict, the need for precision, etc; defences to interdict; damages for wrongful interdict; recalling interdicts; challenging the court’s decision to grant or refuse interdict whether final or interim; the ramifications of breaching an interdict; and judicial expenses in relation to interdict.

This Practice Note provides an overview of ordinary cause procedure in the Court of Session. It provides guidance on how to start an ordinary action and the requirements of the summons, service of the summons and how to respond to the summons as a defender. It covers disclosure/recovery of documents, adjustment and amendment of pleadings, the requirements of the open and closed record, decree in absence, decree by default and summary decree. It explains how a substantive hearing (debate, proof, proof before action or jury trial) is fixed in an ordinary action and the main procedural requirements associated with each type. It also summarises how to enforce the final decree (decision of the judge), how to appeal the judgment and the position regarding expenses.

This Practice Note looks at the remedies of retention and rescission for breach of contract under Scots law. In doing so, it considers various key principles in relation to rescission and retention including their being ‘self-help’ remedies, the mutuality principle in retention, whether retention and/or rescission can only operate where there has been material breach (or whether a de minimis breach is sufficient for these purposes), the effect of rescinding a contract, the ultimatum principle in the context of rescission and, finally, offers practical guidance on how to rescind a contract.

This Practice Note sets out and examines the remedies of permanent specific implement and interim orders for specific implement under Scots law. In doing so it considers a number of key concepts including: the nature and scope of specific implement and interim specific implement; the Scottish courts’ jurisdiction and discretion to determine actions for specific implement; and the ramifications of breaching specific implement.