A

Absolvitor

A court order following the conclusion of a case. Like dismissal but with res judicata protection.

Advocates

Like Barristers in the English courts.  

Auditor of Court

Determines the recoverable costs if an agreement cannot be reached.

Account of Expenses

Like a Bill of Costs. Prepared at the end of a case with costs claimed, for negotiation.

All Scotland Personal Injury Court (ASPIC)

The specialist personal injury court which is based in Edinburgh and has jurisdiction throughout Scotland. 

Adjustment

Revision of the court pleadings before the pleadings close. Does not need permission of the court.

Amendment

Revision of the court pleadings after the pleadings close. Needs the permission of the court.

C

Certification

The court’s approval of the instruction of an expert witness (and therefore allowing the recovery of their reasonable fees).

Court of Session

Scotland’s top civil court. Has jurisdiction throughout Scotland for claims over £100,000.

Commission

Either (i) the recording in advance of evidence from a witness who cannot attend trial; or (ii)  a hearing in front of a neutral Commissioner where one party to the litigation is not satisfied that documents which have been ordered for disclosure have, in fact, been disclosed. 

Crown Office and Procurator Fiscal Service (COPFS)

Scotland’s prosecution service and death investigation authority.

D

Decree

A final court judgment.

Diet

A court hearing (eg ‘a diet of proof’).

Defender

Defendant.

Debate

A court hearing where the relevancy of a case (or part of it) can be determined by legal submissions and without the hearing of evidence.

E

Expenses

Legal costs.

F

Fatal Accident Inquiry (FAI)

A mandatory hearing (with exceptions) where there has been a death at work. Broadly akin to a Coroner’s Inquest.

H

Haver

A party who holds documents ordered for disclosure by the courts worth over £25,000 or for industrial disease or medical negligence claims.

I

Initial writ

Initiating court document in Sheriff Court action.

Interlocutor

A court order.

L

Letter of Request

The (protracted) procedure to recover evidence  from another jurisdiction.

Loss of Support

The claim for financial dependence by a relative of a deceased.

Loss of Future Employability

The equivalent of a Smith v Manchester award. Also referred to as ‘disadvantage on the labour market’.

Lost Years

The claim for financial losses as a result of shortened life expectancy.

Loss of Society

Damages awarded under s4(3) of the Damages (Scotland) Act 2011 to family members following a death.

M

Motion

An application to court by one of the parties.

N

Notice to Admit

A process to try and limit the issues in dispute during a litigation. A formal call upon a party to admit certain facts. If not denied within 21 days they are deemed admissions.

P

Pre-Trial Meeting (PTM)

A compulsory meeting between the parties prior to proof to try and negotiate settlement or limit the issues in dispute.

Proof

A civil trial.

Preliminary Proof

A proof limited to determining a specific issue in the case (eg timebar or jurisdiction).

Pursuer

Claimant.

Productions

A proof limited to determining a specific issue in the case (eg timebar or jurisdiction).

Pursuer's Offers

Like a claimant's Part 36 Offer. A settlement proposal by the pursuer which, if not accepted promptly or if not beaten, can have expensive consequences.

Q

Qualified One-Way Costs Shifting (QOCS)

The general rule that in personal injury litigation an unsuccessful pursuer is not liable to pay a defender’s costs. With exceptions. 

Quoad Ultra

Used in court pleadings and means ‘everything else’. Eg ‘quoad ultra denied’ means everything else is denied.

R

Record

The document containing the closed pleadings in a litigation.

S

Sanction

The court’s approval of the instruction of Counsel in a Sheriff Court action (sanction not being required in the Court of Session) and therefore allowing the recovery of their reasonable fees.

Solatium

General damages.

Absolvitor

A court order following the conclusion of a case. Like dismissal but with res judicata protection.

Summons

The initiating document in the Court of Session.

Services

Damages for care/domestic assistance under sections 8 and 9 of the Administration of Justice Act 1982.

Sheriff Officers

Officers of the court. Like process servers meets bailiffs.

Specification of documents

An application for disclosure of evidence held by another party to the litigation or a third party holding relevant documentation within Scotland.

Sheriff

The decision maker in the Sheriff Courts.

Sist

A freezing or stay of a court action.

Summary Decree

A judgment granted to reflect either (i) the pursuer’s case has no realistic prospect of success; or (ii) there is no defence to the action disclosed in the defences.

T

Taxation

Like a Costs Assessment.

Tenders

The equivalent of a Part 36 Offer for defenders. Can’t be done pre-litigation.

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