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A Practical Guide to Summary Cause Procedure in the Sheriff Courts in Scotland


ISBN13: 9781918241433
Published: August 2026
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £59.99



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A Practical Guide to Summary Cause Procedure in the Sheriff Courts in Scotland is a companion volume to ‘A Practical Guide to Simple Procedure in the Sheriff Courts in Scotland’ and aims to assist practitioners in this field of litigation. The author is a practising solicitor who has been appearing in summary causes for 37 years, and who shares his experience of the pitfalls and risks that abound in these low value actions.

The book is divided into general provisions that are applicable to all summary cause procedure followed by a series of chapters on the particular forms of action which are required to be raised under this procedure but which display characteristics which differentiate them starkly from each other, The book refers extensively to the legislation and other measures governing procedure and there are numerous references to recent caselaw.

This book is an invaluable guide to all practitioners advising clients in this complex area of litigation.

Subjects:
Scots Law
Contents:
Chapter 1. The Sources, Types and Scope of Summary Cause Procedure
Chapter 2. Representation, Support and Legal Aid
Chapter 3. Commencement of an action, and interim diligence
Chapter 4. Incidental applications, Transfers and Remits
Chapter 5. Undefended Actions, Time to Pay Directions and Time Orders
Chapter 6. Defending a Claim, Counterclaiming and Additional Parties
Chapter 7. Determination without the need for Proof
Chapter 8. Proof; Recovery of Documentary Evidence, Witnesses and Conducting the Proof
Chapter 9. Fees, Expenses and the Finality and Extract of a Decree
Chapter 10. Appeals
Chapter 11. Defamation and Personal Injuries
Chapter 12. Heritable Property
Chapter 13. Actions ad factum praestandum
Chapter 14. Multiplepoindings, Count, Reckoning and Payment and Furthcoming
Chapter 15. Aliment