MBM Commercial

This archived Practice Note provided an overview of the position in Scottish civil litigation regarding applicable law, jurisdiction, service of documents and enforcement of judgments following the UK’s exit from the EU (Brexit) and the end of the Implementation Period on 31 December 2020. It also touched on the position in relation to the Lugano Convention and the Hague Convention on Choice of Court Agreements and summarised the practical implications of Brexit for dispute resolution in Scotland.

This Practice Note offers guidance on serving documents in Scottish civil proceedings, including serving documents outside Scotland where the claim is raised in the Court of Session or Sheriff Court. It considers the steps necessary for formal service to initiate court proceedings and the timescales which must be adhered to. It also considers the ways in which failures in service may occur and the problems which may arise from that.