Morton Fraser MacRoberts LLP

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 considers contentious estates in Scotland. It looks at the different challenges that can be made.

This Practice Note provides guidance on diligence against earnings under Scots law and covers, among other things, earnings arrestment, current maintenance arrestment and conjoined arrestment orders under the Debtors (Scotland) Act 1987 (D(S)A 1987). It also briefly considers deduction from earnings orders under the Child Support Act 1991 (CSA 1991). In doing so it addresses, among other things: the circumstances in which these forms of diligence are appropriate; the need for a Debt Advice and Information Package (DAIP); obligations on the creditor, employer and debtor and the sanctions for failing to comply with those obligations; guidance on when an earnings arrestment ceases to have effect; and how and when the validity of an earnings arrestment or current maintenance arrestment can be challenged.

This Practice Note examines the rights of workers undergoing fertility treatment, including an explanation of the types of fertility treatment available (eg in vitro fertilisation (IVF), intra uterine insemination (IUI), medication and surgery), how employers should treat requests for time off, at what stage the protected period is triggered in respect of pregnancy rights, protection from discrimination, what employers should think about when considering implementing a policy, the latest guidance, current case law and proposals for change.

This Practice Note considers ghosting by employees in the workplace, where an employee or candidate accepts a job but fails to turn up for work, or stops attending or disappears without giving notice of termination or resignation.

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 considers pursuers’ offers in Scotland. It offers guidance on how to make a pursuer’s offer, how and when to accept a pursuer’s offer, how and when pursuers’ offers can be withdrawn and the financial implications on expenses of rejecting a pursuer’s offer or accepting it out of time.

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 Practice Note reviews the key objectives of the Scottish Pre-Action Protocol for Personal Injury claims which came into force for accidents occurring on or after 28 November 2016. The scope of the protocol and its rules are considered in detail as well as the practical issues practitioners need to be aware of when dealing with claims which fall under this protocol.

This is a Precedent for the discharge of standard security governed by Scots law.

This Precedent is a policy on fertility treatment leave for an employer to include in a staff handbook or for use as a standalone policy. It explains the employer’s approach in relation to employees undergoing fertility treatment (eg in vitro fertilisation (IVF), intra uterine insemination (IUI) and other treatments) and those accompanying a partner undergoing treatment. It demonstrates the employer’s awareness of fertility treatments and the impact they may have on employees. It sets out the eligibility and terms of any company paid fertility leave, the options for leave required over and above any period of company paid fertility leave (eg annual leave or unpaid leave) and other forms of support available.