Tue 26 Feb 2019

Litigation Updates for January and February

The following is a summary of some of the current changes to rules, consultations and other updates which may be of interest to those working in litigation.

Court of Session

Commercial Actions

Four new pieces of guidance have been published by the Court of Session commercial judges. An updated guidance note for practitioners in commercial actions (which replaced the previous guidance issued in March 2017) came into force on 4 February. In addition separate guidance notes on enforcement of adjudication awards, recovery of documents in commercial actions and dispensing with certain of the court's usual requirements were also issued in January.


The Court of Session is now listing information about upcoming appeals on its website. The information will include case details, case summaries and links to first instance decisions where these are available.

Sheriff Court

Simple procedure expenses

The Scottish Parliament's Justice Committee has recommended that the draft Sheriff Court Simple Procedure (Limits on Award of Expenses) Amendment Order be approved. It will amend the current 2016 order by raising the value of claims in which no expenses are awardable from £200 to £300 and increasing the lower figure for capped expense of £150 to £300.

New Act of Sederunt

The Act of Sederunt (Computer Evidence in the Sheriff Court)(Revocation) 2019 will come into force on 5 March 2019. It repeals The Act of Sederunt (Computer Evidence in the Sheriff Court) 1969 and the Act of Sederunt (Computer Evidence in the Sheriff Court Amendment) so far as still in force.

Make an Enquiry

From our offices we serve the whole of Scotland, as well as clients around the world with interests in Scotland. Please complete the form below, and a member of our team will be in touch shortly.

Morton Fraser MacRoberts LLP will use the information you provide to contact you about your inquiry. The information is confidential. For more information on our privacy practices please see our Privacy Notice