Law Society of Scotland Professional Education and Training (PEAT) PEAT 1: Civil Litigation and Dispute Resolution Syllabus

PEAT 1: Civil Litigation and Dispute Resolution syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for PEAT 1: Civil Litigation and Dispute Resolution in Law Society of Scotland Professional Education and Training (PEAT), not a summary of it.

1. 1

   The Scottish Civil Court Structure

   4 topics

   • Hierarchy of the civil courts
     • Sheriff Court and Sheriff Appeal Court
     • Court of Session Outer and Inner House
     • UK Supreme Court appeals
   • Jurisdiction and competency
     • Privative and exclusive jurisdiction
     • Forum and prorogation
   • Allocation of business and case types
   • Court personnel and rights of audience
2. 2

   Commencing and Defending an Action

   4 topics

   • Pre-action protocols and correspondence
   • Drafting the initial writ and summons
     • Crave, condescendence and pleas-in-law
     • Specification and relevancy
   • Service of process and intimation
   • Defences and counterclaims
     • Notice of intention to defend
     • Answers and adjustment
3. 3

   Procedure to Proof

   5 topics

   • Adjustment and the open record
   • Options hearings and case management
     • Ordinary cause procedure
     • Commercial actions procedure
   • Recovery of documents and specification
     • Commission and diligence
     • Confidentiality and havers
   • Debate and procedure roll
   • Proof, proof before answer and jury trial
4. 4

   Evidence in Civil Proceedings

   4 topics

   • Admissibility and relevance
   • Witnesses and witness statements
   • Expert and skilled evidence
   • Standard and burden of proof
5. 5

   Remedies, Expenses and Enforcement

   5 topics

   • Interim remedies
     • Interim interdict
     • Caution and security
   • Decrees and final orders
   • Judicial expenses and taxation
     • Party and party expenses
     • Account of expenses and the auditor
   • Diligence and enforcement
     • Arrestment and inhibition
     • Attachment and earnings arrestment
   • Appeals procedure
6. 6

   Alternative Dispute Resolution

   4 topics

   • Negotiation strategy and settlement
     • Joint minutes and tenders
     • Pursuers' offers
   • Mediation in Scotland
   • Arbitration under the Arbitration (Scotland) Act 2010
   • Adjudication and expert determination

PEAT 1: Civil Litigation and Dispute Resolution flashcards for Law Society of Scotland Professional Education and Training (PEAT)

24 of 57 cards from the PEAT 1: Civil Litigation and Dispute Resolution deck — real questions with worked answers.

1. In the Scottish civil court hierarchy, what are the courts ranked from lowest to highest first-instance/appellate level?

   Justice of the Peace Court (minor civil only), the Sheriff Court (Summary Sheriff and Sheriff), the Sheriff Appeal Court, the Court of Session (Outer House then Inner House), and finally the UK Supreme Court for civil appeals.

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 the appeal court, sitting in two Divisions (First and Second) usually with a bench of three judges.

3. Since the Courts Reform (Scotland) Act 2014, what is the exclusive privative jurisdiction limit of the Sheriff Court?

   Actions with a value of £100,000 or less must be raised in the Sheriff Court; the Court of Session has no first-instance competence below this threshold.

4. Distinguish 'jurisdiction' from 'competency' in Scottish civil procedure.

   Jurisdiction is the power of a particular court to hear a dispute (based on connecting factors such as domicile or location of property). Competency concerns whether the form of action and the remedy sought are legally appropriate and properly before that court.

5. What is the general rule for jurisdiction based on the defender's domicile in Scotland?

   The default basis is that a defender may be sued in the courts of the place where they are domiciled; for the Sheriff Court this means the sheriffdom of domicile, reflecting the principle actor sequitur forum rei (the pursuer follows the defender's forum).

6. What are the three case-management tracks for civil business introduced by the Courts Reform (Scotland) Act 2014 in the Sheriff Court?

   Simple Procedure (low-value/uncomplicated claims up to £5,000), Summary Cause (a residual track being phased out), and Ordinary Cause (higher-value and more complex actions).

7. Under Simple Procedure, what is the monetary upper limit for a claim?

   £5,000 (claims for payment, delivery, or recovery of moveable property, or for an order requiring someone to do something).

8. Who is a 'Summary Sheriff' and what is their role under the 2014 reforms?

   A judicial office created by the Courts Reform (Scotland) Act 2014 to deal with lower-value civil business (Simple Procedure) and summary criminal work, freeing full Sheriffs for more complex matters.

9. What is meant by 'rights of audience' and who holds them in the Court of Session?

   Rights of audience are the entitlement to appear and plead before a court. In the Court of Session these are held by advocates (members of the Faculty of Advocates) and solicitor-advocates who have gained extended rights of audience.

10. What is the purpose of a pre-action protocol in Scottish civil litigation?

    To encourage early exchange of information, narrow the issues, and promote settlement before proceedings are raised; non-compliance can be reflected in awards of expenses. The Personal Injury Pre-Action Protocol is the best-known example.

11. In the Sheriff Court Ordinary Cause, what document initiates the action?

    The 'initial writ', which contains the instance, a crave (the remedy sought), a condescendence (statement of facts in numbered articles), and pleas-in-law.

12. What document initiates an ordinary action in the Court of Session, and what are its principal parts?

    The 'summons', comprising the instance, the conclusions (remedies sought), the condescendence (averments of fact), and the pleas-in-law.

13. Define a 'crave' and a 'conclusion' in Scottish pleadings.

    A crave (Sheriff Court initial writ) and a conclusion (Court of Session summons) both specify the precise remedy or order the pursuer asks the court to grant.

14. What is a 'plea-in-law'?

    A concise statement of the legal proposition, founded on the averred facts, that justifies the remedy sought (for a pursuer) or the defence/dismissal (for a defender).

15. What is the difference between 'service' and 'intimation' of process?

    Service is the formal delivery of the initiating document (writ/summons) on the defender to bring them into the action. Intimation is formal notice given to other interested parties (e.g. third parties, the court, or persons with an interest) of a step in process.

16. Name two methods of effecting service of an initial writ in Scotland.

    Postal service by recorded/registered delivery (first class recorded), and personal service by sheriff officer; service may also be by advertisement (edictal service) where the defender's whereabouts are unknown.

17. What is a 'counterclaim' in Scottish civil procedure?

    A claim made by the defender against the pursuer within the same action, arising out of or connected to the subject matter, allowing the defender's own crave to be determined in the same process.

18. What is the function of 'defences' (the form of response) in an ordinary action?

    Defences set out the defender's answers to the condescendence article-by-article (admitting, denying, or not knowing) and state the defender's own pleas-in-law, defining the matters genuinely in dispute.

19. What is 'adjustment' in the context of pleadings?

    The period during which parties may amend, add to, or refine their written pleadings (averments and pleas) without formal motion, to focus the issues before the record closes.

20. What is the 'open record' and how does it differ from the 'closed record'?

    The open record is the provisional collation of the parties' pleadings during the adjustment period. When adjustment ends, the record is closed, producing the closed record which fixes the pleadings on which the case proceeds.

21. What is an 'Options Hearing' in the Sheriff Court Ordinary Cause?

    A case-management hearing held after the record closes where the sheriff secures the just, expeditious and economical disposal of the action, decides further procedure, and may fix a proof, debate, or other hearing.

22. What is the purpose of judicial case management in Scottish civil courts?

    To enable the court actively to control the progress of litigation, set timetables, narrow issues, encourage settlement, and ensure proportionate use of court resources.

23. What is a 'commission and diligence' for recovery of documents?

    A court-granted authority allowing a party to recover specified documents from another party or a haver (third party in possession), executed by a commissioner, often used where voluntary disclosure fails.

24. What is a 'specification of documents'?

    A written list, lodged with the court, identifying by 'calls' the categories of documents a party seeks to recover, against which the court grants commission and diligence to obtain them.

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