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Overview of Key Procedures : Commercial Action • Court of Session – Commercial Action – Rule 47 RCS – Practice Note 6 of 2004 – The Commercial Court is receptive to actions being “commercial actions” – Overview • Letter before Action required (generally) • Allocated commercial judges • Early intervention and case management
Overview of Key Procedures: Commercial Action • Court of Session Commercial Action: – Overview of Procedure:- – Summons signetted (RCS 13.5) – Period of notice – 21 days/42 days (RCS 14.6) – Enter appearance – 3 days from calling (RCS 17.1) – Defences – 7 days from calling (RCS 18.1) – Preliminary Hearing (RCS 47.11) • Within 14 days of defences • Judge has wide discretion to make orders necessary for the speedy resolution of case • Requires a Statement of Issues to be lodged in advance and preferably in agreed form
Page 1 and 2: ILG - Seminar Court Procedures, Rul
Page 3 and 4: Choice of Forum • Range of option
Page 5 and 6: Choice of Forum • When to litigat
Page 7 and 8: Which Procedure • Court of Sessio
Page 9 and 10: Overview of Key Procedures: Court o
Page 11: Court of Session Ordinary Procedure
Page 15 and 16: Overview of Key Procedures: Commerc
Page 17 and 18: Court of Session: Choice of Procedu
Page 19 and 20: Overview of Key Procedures: Sheriff
Page 21 and 22: Overview of Key Procedures: Sheriff
Page 23 and 24: Sheriff Court Commercial Action: Po
Page 25 and 26: Procedural Options - tactical consi
Page 27: Combining the experience, resources

Slides - Law Society of Scotland

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