A practical guide to drafting written pleadings in Scottish civil courts.
- Includes real world examples of good and bad pleading, glossary of useful terms, practical tips and suggestions for further reading
- Devotes a chapter to avoiding the pitfalls and how to avoid annoying the judge
- Draws on the author team’s extensive experience as civil court judges and practitioners
- Highlights the functions that good pleadings must perform
- Designed for trainee solicitors embarking on civil litigation for the first time, devil advocates and students undertaking the Diploma in Professional Legal Practice in Scotland
Every civil action raised in a Scottish court is initiated by written pleadings, which set out the remedy sought, the facts and the propositions in law.
Drawing on the authors’ combined expertise and wealth of experience as civil court judges and practitioners, this book provides a practical guide to drafting and responding to pleadings. More than that, it provides tips for the drafter on approaching their case analysis and on the factual investigations to be carried out before the drafting begins.
Whether you are a student undertaking the Diploma in Professional Legal Practice, a trainee solicitor, a devil advocate or a civil court practitioner, this book will provide you with the essential principles and rules of good pleading and will steer you away from common pitfalls and judicial criticism. Like the first edition before it, it does so with a light-hearted touch and (with poor attempts at) humour.
Coverage includes drafting the initial writ/summons, drafting the defences, adjusting pleadings, amending pleadings, special causes (such as personal injuries actions, commercial actions, family actions, petitions and summary applications), ethical pleading and a chapter devoted to avoiding the pitfalls.
