Drafting Pleadings in Scotland’s Civil Courts - An Introduction
Written pleadings form the basis of civil procedure in Scotland's courts. A case will only succeed if a party's pleadings are legally relevant and sufficiently specific to allow that party to lead all the evidence which it requires, and to advance all its legal arguments.
For these reasons, it is essential to a successful outcome that solicitors and Counsel prepare well drafted written pleadings which are sufficient to pass these legal tests.
This course is designed to assist practitioners to improve their understanding of the drafting of written pleadings, and the techniques involved in doing so. It will be interactive and participative, using case studies to explain the rules of written pleadings.
What You Will Learn
The course will cover the following:
- The function of written pleadings, and the responsibilities of the pleader
- The form and structure of good written pleadings
- Relevancy - how much detail is required?
- Specification - how much do you need to say?
- Pleading facts, not evidence - is there a difference?
- The principle of fair notice
- The weaker alternative rule
- The incorporation of documents
- The test for summary decree
- Notes of basis of preliminary pleas
- Changes following on from the Court Reform (Scotland) Act 2014
- Pleadings in the Sheriff Appeal Court (Civil)
- The First-tier Tribunal for Scotland
2:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme