Diploma in Professional Legal Practice (DPLP) Civil Court Practice and Litigation Syllabus

Civil Court Practice and Litigation syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Court Practice and Litigation in Diploma in Professional Legal Practice (DPLP), not a summary of it.

1. 1

   Court Structure and Jurisdiction

   3 topics

   • The Civil Courts of Scotland
     • Sheriff Court, Sheriff Appeal Court and Court of Session
     • All-Scotland Sheriff Personal Injury Court
     • Privative and exclusive jurisdiction
   • Jurisdiction and Choice of Forum
     • Bases of jurisdiction
     • Prorogation and forum non conveniens
   • Time Bar and Prescription
     • Prescription and Limitation (Scotland) Act 1973
     • Limitation in personal injury actions
2. 2

   Sheriff Court Ordinary Cause

   4 topics

   • Commencing the Action
     • Drafting the initial writ and crave, condescendence and pleas-in-law
     • Warrant for service and citation
     • Notice of intention to defend
   • Adjustment and Record
     • Open and closed record
     • Skeletal and detailed defences
   • Options Hearing and Procedure
     • Sisting, continuation and case management
     • Debate on the procedure roll
   • Proof and Decree
     • Proof before answer
     • Decree by default and extract
3. 3

   Court of Session Procedure

   3 topics

   • The Summons and Calling
     • Signeting and the General Department
     • Defences and the calling list
   • Procedure Roll and Commercial Actions
     • Commercial Court case management
     • Procedure roll debate
   • Reclaiming and Appeals
4. 4

   Evidence, Proof and Remedies

   4 topics

   • Law of Evidence in Civil Cases
     • Burden and standard of proof
     • Admissibility, hearsay and corroboration
   • Witnesses and Documentary Evidence
     • Skilled witnesses and reports
     • Recovery of documents and commission and diligence
   • Interim Remedies
     • Interim interdict and balance of convenience
     • Inhibition and arrestment on the dependence
   • Enforcement of Decrees (Diligence)
     • Charge for payment and attachment
     • Earnings arrestment and inhibition
5. 5

   Expenses, Funding and Alternative Dispute Resolution

   3 topics

   • Judicial Expenses and Taxation of Accounts
     • Party and party expenses and the table of fees
     • Tenders and the consequences of failing to beat a tender
   • Funding Litigation
     • Civil legal aid and contributions
     • Speculative fee and success fee agreements
   • Mediation and Arbitration
     • The Arbitration (Scotland) Act 2010
     • When to recommend ADR

Civil Court Practice and Litigation flashcards for Diploma in Professional Legal Practice (DPLP)

23 of 62 cards from the Civil Court Practice and Litigation deck — real questions with worked answers.

1. What are the two main first-instance civil courts in Scotland, and how do they differ in geographical reach?

   The Court of Session (sitting in Edinburgh, with jurisdiction over the whole of Scotland) and the Sheriff Court (a local court, with Scotland divided into six sheriffdoms subdivided into sheriff court districts). The Court of Session is a superior central court; the Sheriff Court is an inferior local court.

2. What is the difference between the Outer House and the Inner House of the Court of Session?

   The Outer House is the court of first instance, where a single Lord Ordinary hears cases. The Inner House is primarily an appellate court, divided into the First and Second Divisions (each with at least three judges), hearing reclaiming motions and appeals.

3. Since 2015, what is the exclusive privative (exclusive) competence threshold for the Sheriff Court in money claims?

   The Sheriff Court has exclusive competence for actions with a value of $£100{,}000$ or less. Claims at or below this value cannot be raised in the Court of Session; claims above it may be raised in either court.

4. Name the three tiers of Sheriff Court civil procedure and their broad monetary bands.

   Simple Procedure (claims up to $£5{,}000$), Summary Cause (formerly $£3{,}000$–$£5{,}000$; largely superseded for money claims by Simple Procedure), and Ordinary Cause (claims over $£5{,}000$ and all non-money actions such as divorce).

5. What is the role of the Sheriff Appeal Court in the civil structure?

   The Sheriff Appeal Court (Civil) hears appeals from decisions of sheriffs in civil proceedings, replacing the former appeal to the sheriff principal. It is staffed by Appeal Sheriffs and provides a more efficient appellate route within the sheriff court structure.

6. Distinguish between subject-matter jurisdiction and territorial jurisdiction.

   Subject-matter (or competence) jurisdiction concerns whether a court has power to deal with the type of claim at all (e.g. value, nature). Territorial jurisdiction concerns whether a court has power over a particular defender given their connection (domicile, place of contract, locus of delict) to the court's geographical area.

7. What is the general (default) ground of jurisdiction over a defender in Scotland?

   The defender's domicile. The general rule is that persons are sued in the courts of the place where they are domiciled, with special jurisdictions providing additional optional grounds.

8. In a contract dispute, what special ground of jurisdiction is commonly available besides domicile?

   Jurisdiction in the place of performance of the obligation in question — i.e. the place where, under the contract, the goods were or should have been delivered or the services were or should have been provided.

9. In delict (tort), what is the special ground of jurisdiction?

   Jurisdiction at the place where the harmful event occurred or may occur — this includes both the place of the wrongful act and the place where the damage was sustained (the locus delicti).

10. What is forum non conveniens?

    A common law plea by which a court that has jurisdiction declines to exercise it, on the ground that another available forum is clearly and distinctly more appropriate for the interests of all parties and the ends of justice (e.g. where evidence and witnesses are located abroad).

11. What is prorogation of jurisdiction?

    Where parties, by express or implied agreement, confer jurisdiction on a court that would not otherwise have it — for example, a contractual choice-of-court clause nominating a particular court to determine disputes.

12. Distinguish between negative prescription and limitation in Scots law.

    Negative prescription extinguishes the underlying right or obligation entirely once the period expires (it cannot be revived). Limitation (a bar on raising an action, e.g. in personal injury) bars the remedy/procedural right to sue but the obligation technically subsists and the court may have discretion to allow a late action.

13. What is the standard period of short negative prescription for most obligations (e.g. contract, unjustified enrichment), and from when does it run?

    Five years, running from the date the obligation became enforceable (the appropriate date), subject to discoverability provisions. Expiry extinguishes the obligation.

14. What is the long negative prescription period and what is its effect?

    Twenty years. It extinguishes most obligations (and certain rights) absolutely after 20 years, acting as a long-stop regardless of discoverability, with limited exceptions (e.g. some rights are imprescriptible).

15. What is the limitation period for a personal injury action, and from when does it run?

    Three years, running from the date the injuries were sustained or (if later) the date on which the pursuer became, or could with reasonable diligence have become, aware of the relevant facts (date of knowledge).

16. What discretion does a court have where a personal injury action is raised after the three-year limitation period?

    Under section 19A of the Prescription and Limitation (Scotland) Act 1973, the court has an equitable discretion to allow the action to proceed notwithstanding the time bar if it is equitable to do so, balancing prejudice to each party.

17. Name three examples of imprescriptible rights or obligations not extinguished by negative prescription.

    (1) Real rights of ownership in land; (2) the right to recover stolen property from the thief or anyone privy to the theft; (3) rights relating to res merae facultatis (e.g. an inherent landowner's right that can be exercised at any time).

18. What document commences an ordinary action in the Sheriff Court, and what document commences one in the Court of Session?

    In the Sheriff Court, an action is commenced by an Initial Writ. In the Court of Session, an ordinary action is commenced by a Summons.

19. What are the principal parts of an Initial Writ (Sheriff Court ordinary cause)?

    The instance (naming the court and parties), the crave (the remedy sought), the condescendence (numbered articles of fact, including a statement of jurisdiction), and the pleas-in-law (the legal propositions relied on).

20. What is a 'crave' and what is a 'plea-in-law'?

    A crave is the specific remedy or order the pursuer asks the court to grant (e.g. payment of a sum, decree of declarator). A plea-in-law is a concise statement of the legal proposition which, if established on the facts averred, entitles the party to the remedy sought.

21. What is 'specification' (specificity) in pleadings and why does it matter?

    Specification is giving fair notice — averring facts with sufficient detail that the opponent knows the case to be met and can prepare a defence. Lack of specification can lead to averments being excluded from probation or an action being dismissed as irrelevant or lacking in specification.

22. What is the 'period of notice' and what is its usual length for a defender within the UK?

    The period of notice is the time a defender has, after service, to indicate an intention to defend (to lodge a notice of intention to defend). For a defender within the UK or EU it is normally 21 days; for a defender outside that area it is 42 days.

23. What is the purpose of the 'adjustment period' in an ordinary action?

    After defences are lodged, parties may adjust their written pleadings (the open record) — adding to, deleting from, or altering averments and pleas-in-law — to refine and focus the dispute before the pleadings are finalised, without needing the court's leave.

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