Retention and rescission in Scottish civil litigation

Copyright © 2025 LexisNexis
Produced in partnership with Jim Cormack of Pinsent Masons
Practice notes
Scottish Law

Retention and rescission in Scottish civil litigation

Copyright © 2025 LexisNexis

Produced in partnership with Jim Cormack of Pinsent Masons

Practice notes
Scottish Law
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This Practice Note considers retention and rescission in Scotland. For guidance on:

  1. •

    some other forms of relief in Scottish civil litigation, see Practice Notes: Interdict and interim interdict in Scottish civil litigation and Specific implement and interim specific implement in Scottish civil litigation

  2. •

    key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview, Scottish DR: case management and evidence—overview, Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview, and Scottish DR: settlement and ADR—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. •

    other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. •

    the closest equivalent in England and Wales, see: Contractual breach damages and remedies—overview which, as well as giving an overview, links through to more detailed guidance on various aspects of remedies for breach of contract in England and Wales, including Practice Note: Rescission of a contract

Note: the remedies of retention and rescission are categorised as 'self help'

Jim Cormack
Jim Cormack chambers

Pinsent Masons

Jim is a Solicitor Advocate with rights of audience in all civil and criminal courts in Scotland and in England & Wales, and is lead partner on Pinsent Mason's advocacy programme. He has extensive experience as an advocate before courts and in other types of dispute resolution. His recent advocacy work includes success in a trial before the Commercial Court of the High Court in London and success in a case heard before the General Court of the European Union. Jim also has a particular interest in alternative dispute resolution, being a member of the Chartered Institute of Arbitrators and an accredited mediator. Jim works in a wide range of areas, with a particular focus on commercial contract, banking and finance, and intellectual property disputes, along with media and technology regulation. Jim is recommended in the Legal 500 and is a Band 1 Ranked Lawyer in Chambers & Partners, where he is described as 'enormously pragmatic; nothing fazes him. He's a very calm presence in stressful situations and as 'one of Scotland's financial litigation big hitters.

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Jurisdiction(s):
United Kingdom
Key definition:
Retention definition
What does Retention mean?

Retention is a percentage of the sums payable by way of interim payment deducted by the employer and held until completion. Half of the retention is released on practical completion, the other half on the expiry of the defects liability period or issuance of a certificate of making good defects.

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