Drafting Pleadings in Scotland’s Civil Courts - An Introduction

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 3 hour virtual classroom session 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. Please note that this Learn Live will not cover Personal Injury actions.

What You Will Learn

This live and interactive session 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
• Admissions
• 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

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.