Using the Court: Guidance for Court Users [The Scottish Land Court]

If you are thinking of bringing a case before the Court without the help of a lawyer, you may find the Plain Guide to Litigation presented in this section useful. You may also like to refer to the Glossary.

This is a detailed guide. Some of the material is a little complicated. Although we have taken advantage of the web to set it out in this electronic form it was written to be read like a book. We think that if you are involved in a litigation it would be sensible to download and print the Portable Document Format (PDF) version:

Plain Guide to Litigation (65 pages, approx. 340 Kbytes)

Warning

Although this guide has been prepared by experienced litigators working at the Court, it has no official status. It is not to be read as if it was a decision of the Court itself. It is not, in any way, a substitute for the Rules of Court. It is simply a guide.

PLAIN GUIDE TO LITIGATION

A DIY manual for novice litigators

Preface

The layout of this Guide follows the course of a typical litigation. After an introduction, the section on basic stuff deals with how a straightforward application is run, controlled by the Court. We then deal with written pleadings. These are dealt with under several heads: 1. General; 2. The Application; 3. How pleadings work; 4. How to set out the statement of facts; 5. Answers; 6. Adjustment and amendment; and 7. Practical matters.

The next broad chapter covers preparation for hearings. It deals with formal matters such as the Hearing Order. It covers the different types of hearing and matters such as the importance of pleadings in relation to hearings. It explains how parties should approach disputed facts. It touches on the importance of fair notice and explains how hearings about legal issues are dealt with. It then covers evidence, dealing separately with witnesses and productions. The need, in some cases, for intimation of legal precedents or statutory material is discussed.

We then deal with the hearing and subsequent matters, under various headings. We look at the aim of examination of witnesses and way the Court approaches the conduct of the hearing. We deal with how evidence from witnesses is taken, including discussion of leading questions and techniques of cross examination. We look at the particular difficulty you face giving evidence in your own case.

After most hearings the Court will have an inspection. After the decision you may have a right to appeal.

A major concern for most folk is the risk of liability in expenses and that is covered.

We stress the advantage of taking professional advice for parts of a case, at least. It is very valuable to have some independent assessment of the prospects of success. We also stress the importance of missing no opportunity to consider ways of settling the dispute without going through a full litigation. We touch on mediation which is a structured way to help people discuss things effectively.

Introduction

Written pleadings

Preparation for hearings

The hearing and subsequent matters

Appeals

Expenses

Getting help

USING THE COURT

Warning

PLAIN GUIDE TO LITIGATION

Preface

Contents