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29 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Minimum limit
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Values over £5000.
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Actions can be raised in which court?
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- Sheriff Court
- Outer House of Court of Session (if too complicated or involves a lot of money) |
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Main legislation relating to Ordinary Cause procedures
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ACT OF SEDERUNT (SHERIFF COURT ORDINARY CAUSE RULES) 1993
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How does a defender communicate their intention to defend the action?
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He lodges a Notice of Intention to Defend (NID) with the Sheriff Clerk within 21 days of receiving service of the Initial Writ.
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How long does the defender have to notify the court of the defences he wishes to use?
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Within 14 days of lodging the NID.
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What is an options hearing?
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the first hearing in court of a defended ordinary cause. The date of the options hearing will be at least 10 weeks after the expiry of the period of notice. There are various options open to the sheriff who will decide on the merits of each case as to how it will be best to proceed.
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What are Judicial Expenses?
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Expenses which are normally awarded to the winning party.
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What is the Crave
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the opening paragraph(s) in an initial writ in which the pursuer sets out what he is seeking, for example, decree for payment of a sum of money.
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What is the Condescendence
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statement(s) in the initial writ outlining the facts giving rise to the claim.
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What is an Averment
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a statement positively made declaring something to be true
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Domicile
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a person’s domicile is the state, territory or country that is regarded as his or her permanent home.
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What is the Instance
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the information shown at the beginning of the first page of the initial writ, which details
- the sheriffdom - the pursuer’s name and address - the defender’s name and address |
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What does Jurisdiction mean?
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(a) the area within which a court has the power to try or hear cases and
(b) the actions a particular court has power to deal with. |
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What are the Pleas in Law?
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the final section of the initial writ, that details the legal grounds entitling the pursuer to decree.
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What is Reponing?
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this is a form of appeal open to the defender following the granting of a decree in absence. It can be used at any time within 20 years of the granting of the decree.
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What does Sist mean?
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the suspension of proceedings for an definite period or until the occurrence of a particular event.
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What is the Warrant to Cite/Warrant of Citation?
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the form issued by the sheriff/sheriff clerk granting warrant to cite the defender. It is issued in response to the lodging of the initial writ
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What are the 10 types of action which can be raised under Ordinary Cause procedure?
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1 - Action for the payment of money
2- Actions of delict 3 - Consistorial matters (divorce, custody etc) 4 - Affiliation and Aliment 5 - Actions of declarator 6 - Delivery of moveables of heritable property 7 - Actions of furthcoming 8 - Implementation of an obligation 9 - Interdict 10 - Multiplepoinding |
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What is a party litigant?
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A person party to an action who represents themselves in court.
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What does Assoilzie mean?
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In civil law it means to find for the defender or respondent in respect of the claim(s) made by the pursuer.
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What does Privitative jurisdiction mean?
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Certain types of action are competent only in one or other of the Court of Session or Sheriff Court e.g. Sheriff Court has privitative jurisdiction for small claims actions and claims for amounts under £5,000.
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Service must be by
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Solicitor (postal by recorded delivery) or Sheriff Officer (personal service)
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The defender is served with...
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1 - Citation
2- Service copy of initial writ 3- Copy warrant of citation 4- NID 5- Time to pay application (if defender is an individual |
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What is the period of notice?
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Normally 21 days (42 days where the defender is resident or has his place of business outside of Europe). Period of notice runs from the day after posting.
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CAN BE EXTENDED OR REDUCED BY THE SHERIFF. CANNOT BE REDUCED TO LESS THAN 2 DAYS.
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What does avizandum mean?
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To give a written judgement later (with the least possible delay)
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Appeals can be made to
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> Sheriff Principal
> Inner House of the Court of Session Within 14 days after the date of the interlocutor appealed against. There is no appeal time limit for appeals against incompetent interlocutors. |
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Possible Appeal disposals
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> Refuse appeal
> Uphold the appeal in whole or part > Dismiss the appeal > Remit back to the Sheriff to take further proof or make additional findings in fact |
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What is an action of furthcoming?
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An action for the delivery of arrested property e.g. money arrested in a bank account being transferred to the pursuer
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What is an action of multiplepoinding?
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the technical term for a form of action by which conflicting claims to the same fund or property are determined.
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