- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
INTRODUCTION
The course will comprise three modules, as follows:
Module 1 – Foundation Module
Module 2 – Ordinary Cause Actions in the Sheriff Court
Module 3 – Small Claims, Summary Cause, Commercial Actions and Enforcement
The content of each module is outlined in further detail below.
Each module will comprise two seminars, each of approximately three hours duration. Preparatory reading will be required in advance of each seminar. In addition, assignments will be set at the first seminar in each module, for submission in advance of the second module. Assignments will be reviewed and returned to students at the second module, with comments.
Formal assessment of the modules will be by way of the Assignments issued throughout the course. Completion of the course and the submission of competent assignments will be required before the Association will issue an Interim Practising or Practising Certificate.
While seminars will include a lecture component, students will have completed preparatory reading in advance and the emphasis will be on skills development.
It is anticipated that each module will require students to be engaged for sixteen hours; six hours in class and a further ten hours in preparatory reading and written assignments.
AIMS AND OBJECTIVES
The collective aim of the three modules will be:
to develop skills relevant to the conduct of civil litigation in the sheriff court in the context of contractual and commercial disputes under small claims and summary cause procedures;
to develop skills relevant to the drafting of an initial writ and conduct of the early stages of an ordinary cause action.
This course is not designed to teach substantive law.
OBJECTIVES:
By the end of the three modules, students should be able to:
demonstrate an understanding of the Scottish court system and the rules of jurisdiction
analyse potential claims
conduct Small Claims and Summary cause actions
draft an initial writ
critically analyse written pleadings
demonstrate an understanding of enforcement procedures
demonstrate an understanding of professional ethics and the rules of conduct in the context of civil litigation in the Sheriff Courts
FOUNDATION MODULE
Preparatory Reading will be assigned in advance of the first seminar.
Seminar 1
The Scottish Court System
Sheriff Court
Court of Session
Appeals
Jurisdiction
Territorial Jurisdiction
Privative Jurisdiction of the Sheriff Court
Privative Jurisdiction of the Court of Session
Concurrent Jurisdiction of the Sheriff Court and the Court of Session
Civil Jurisdiction and Judgements Act 1982
Introduction to Written Pleadings – basic drafting skills
(Assignment for submission before Seminar 2 – draft an initial writ).
Seminar 2
Feedback on drafting assignments
Case Analysis
Written Pleadings (continued)
Professional Ethics
Consolidation of Foundation Module
MODULE 2 – ORDINARY CAUSE ACTIONS IN THE SHERIFF COURT
Preparatory Reading will be assigned in advance of the first seminar.
Seminar 1
Ordinary Cause Procedure
Written pleadings – Relevancy
Written Pleadings – Specification
Drafting the Initial Writ
Diligence on the Dependence
(Assignment for submission before Seminar 2 – draft an initial writ)
Seminar 2
Acting for the Defender
Analysing the initial writ
Drafting Defences
Adjustments
Notes of basis of preliminary pleas
The Options Hearing
Further Procedure
Consolidation of Module Two
MODULE 3 – SMALL CLAIMS, SUMMARY CAUSE AND COMMERCIAL ACTIONS
Preparatory Reading will be assigned in advance of the first seminar.
Seminar 1
Small Claims Procedure
Summary Cause Procedure
Summary Applications
Appearing in court – introduction to oral advocacy (practical exercise)
(Assignment for submission before Seminar 2 – draft a statement of claim, note of defence and a summary application)
Seminar 2
Feedback on written assignments
The Proof
preparing for the proof
evidence
examination in chief, cross examination, re-examination
objections
submissions
Commercial Actions
Enforcement/ diligence
Consolidation of Module Three
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: