Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
Thu 22 Apr 2021
Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
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One of the key considerations for any client when deciding whether to litigate or not is the cost of the process and the likelihood of recovering some of that cost from their opponent in the event that they are successful.
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The Contract (Formation and Remedies) (Scotland) Bill updates Scots law by clarifying how contracts are formed and modernising remedies for breach. It replaces the postal rule with a “received” rule for acceptances, introduces clearer rules on rescission and mutuality and allows contributory negligence as a defence. The Bill is a default framework, not mandatory and is still at Stage 1.