Scotland has a unique hybrid legal system, incorporating elements of common law (as practiced by our neighbours in England and Wales) and civil law (influenced by continental European legal scholars, philosophies, and traditions, particularly from the Netherlands and France). The latter is especially apparent in property law, which borrows heavily from rules and principles of Roman law – this is one of the reasons why Scots law remains littered with Latin maxims.
This novel system has developed out of the country’s historical and legal influences before and after the Acts of Union in 1707, following which Scotland naturally aligned more with the English common law, yet still retained aspects of civil law that had plugged gaps in our own common or customary law in the centuries before.
The result is that laws applicable to disputes in Scotland; the processes and procedures governing those disputes; and the resolution strategies deployed can vary in comparison to the rest of the UK (and internationally for that matter).
Navigating the complexities of the Scottish legal system and dispute resolution procedures can therefore be daunting, particularly for individuals and businesses who may have reluctantly, yet necessarily, had to take or defend legal proceedings. With this in mind, Shepherd and Wedderburn, a leading Scottish-headquartered UK law firm founded in 1768 with offices in Edinburgh, Glasgow, Aberdeen, London, and Dublin, has developed a Handling Disputes in Scotland video series.
Designed for a range of viewers – from solicitors practicing in Scotland or internationally who want to refresh or further their understanding, to individuals and businesses who may have a dispute and need to understand more about what is involved – this comprehensive collection of video guides demystifies all relevant aspects of civil court and dispute resolution processes and procedures in Scotland.
Often the English law equivalents will provide a helpful translation or comparison – did you know that an ‘injunction’ is referred to as an ‘interdict’ in Scotland, and the equivalent of a ‘barrister’ is an ‘advocate’? However, many aspects of Scottish procedure are entirely unique. For example, unlike in England and Wales, there is no general disclosure obligation and instead a court order is required to compel a party holding relevant documents, known as a ‘haver’, to disclose them.
These bite-size videos, delivered by members of the firm’s expert dispute resolution and litigation team, consider quirks like these and take viewers on a journey from the instigation to the resolution of a dispute, covering all pertinent topics and the tricky questions that typically arise. This includes considering what steps might be taken to resolve a dispute prior to legal proceedings being raised; what court or tribunal will have jurisdiction to hear a dispute and why; the typical court processes, procedures, and timescales from start to finish; how to fund a dispute; and how you might recover payment from the opposing party, as well as potentially some of your legal costs and expenses, if successful.
As the team works closely with referrer firms, whether those are Scottish firms who do not have a litigation practice, or leading UK and international firms who do not have a presence in Scotland, many of the questions addressed in the series have come directly from legal professionals or clients. As such, the series serves as a valuable and insightful resource to guide you through the intricacies of the Scottish legal landscape, whether you are a legal professional seeking to deepen your knowledge, or an individual or business facing a dispute in Scotland.
You can access the full series here.