Litigation in Scotland

Sometimes in an insolvency, we choose to litigate. In a number of cases, the threat of litigation is enough, but in others we will raise the action and pursue the relevant party. We might be cutting down a gratuitous alienation, raising an action for misfeasance or privately examining a debtor. And what happens if you are the subject of litigation at the instance of an aggrieved party?

In this course, we will consider how to prepare for litigation, and what to expect if you are running or defending litigation in the Scottish courts. We will look at your relationship with your solicitor and how to get the best outcome, wherever possible, from your litigation.

• Scottish civil court structure and jurisdiction requirements
• Statutory framework
• Commencing litigation: taking advice and understanding our outcomes and risks
• Funding decisions
• Instructing your solicitor and using Counsel
• An overview of the litigation process from commencement onwards
• Defending an action: what to expect
• Awards of expenses and role of Auditor of Court
• Actions on dependence, caveats and injunctions
• Mediation as an alternative to litigation
• Available remedies: decree and enforcement; action for declarator; action for division and sale; multiplepoinding; action for reduction

Anyone looking for a comprehensive introduction or overview of how to litigate in Scotland.

Half day course: £155 + VAT