Richard McMeeken

This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts. It summarises the role of each court, how they are constituted and their jurisdiction. It also considers the procedural rules applicable in each court, the binding nature of their judgments and how to appeal them.

This Practice Note discusses the steps to be taken in progressing a civil claim in Scotland after the lodging of defences to the fixing of a substantive hearing such as a debate or proof. The Practice Note covers the key initial stages of ordinary actions in the Court of Session (including the open record, adjustment period and closed record) and in the sheriff courts (including the options hearing). It also provides an overview of personal injury actions in the Court of Session and sheriff courts, touching on the timetable and deadlines for lodging statements of valuation and minute of pre-trial meeting. Finally, it considers commercial actions in the Court of Session (including the Preliminary Hearing, Procedural Hearing and Joint Meeting) and sheriff courts (including the case management conference).

This Practice Note provides an overview of the substantive and procedural considerations that should be addressed when commencing a civil action in the Scottish courts, including prescription and limitation of actions, pre-action investigations and requirements (protocols), choice of forum and the jurisdictional limits of the sheriff courts and Court of Session, specialist rules and procedures, and service of the action.

This Flowchart provides a simple diagrammatic illustration of the civil court structure in Scotland.