Joanna Clark

This Practice Note introduces group procedure in Scottish civil litigation and considers the initial applications that require to be approved by the court before group proceedings (class actions) may be brought: the application to authorise the proposed representative and the application for permission to bring group proceedings. It also provides a brief overview of the origin of group procedure in Scotland and the statutory framework.

This Practice Note considers how Scottish group proceedings (class actions) will be dealt with after permission has been granted. It examines the permission order issued by the court, the date of commencement of group proceedings and the processes for joining and withdrawing from the group. It then examines how defended group proceedings are dealt with in terms of case management, disposal, appeals and settlement.

This practice note discusses the use of witness statements for witnesses to fact in the Scottish courts with reference to relevant rules, guidance and case law. It covers the use and admissibility of witness statements in Scottish civil litigation, the use of commercial court guidance on witness statement as best practice, the purpose and content of witness statement, practical tips for taking a witness statement and for the format of statements. The practice note also flags issues and practice around privilege, the timing and exchange of witness statements, objections to witness statements and how oral evidence is handled when a witness has already provided a statement. It also touches on the consequences of making a false statement.