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