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Overview of Key Procedures : Commercial Actions • Procedural Hearing (RCS 47.12) – Not less than 3 days prior to procedural hearing, lodge • Statement of proposals for further procedure • Witness list and witness summaries • Reports of skilled persons • Note of argument (if debate is sought) – Further procedure is a matter for the judge
Overview of Key Procedures: Commercial Actions • Further procedure – Greater flexibility and opportunity for innovation – Options • Debate • Proof Before Answer • Proof • Or a combination of these – Proof/Proof Before Answer is likely to involve • Witness statements rather than oral evidence in chief • Directions as to experts/expert reports • Document management
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 and 12: Court of Session Ordinary Procedure
Page 13: 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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