Scott Schedule Definition

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GLOSSARY

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What does Scott Schedule mean?

A document used in litigation or arbitration proceedings in which each party sets out its case (generally in table format) on an item-by-item basis in order to clearly set out the issues between the parties.

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An introductory guide to damages in judicial review

An introductory guide to damages in judicial review There is no general right to damages caused by unlawful administrative acts. However the court does have a discretion in certain circumstances to award damages in successful claims, which it will only exercise where it is just and appropriate to do so. This Practice Note explains how a public authority can deal with an application for damages in judicial review proceedings and when such an application may arise. It includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings. Jurisdiction to make a monetary award in an application for judicial review Senior Courts Act 1981 The judicial review procedure does not create any new right or remedy in damages. The court’s discretion to award damages is confined to cases where the claimant has also established a private law cause of action in the course of judicial review. See: R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs...

Leading expert evidence in Scottish civil litigation—rules and procedure

Leading expert evidence in Scottish civil litigation—rules and procedure This Practice Note provides guidance on the rules and procedure that relate to leading expert evidence. For guidance on the core principles and general considerations involved in the use of expert evidence in Scottish civil litigation, see Practice Note: Expert evidence in Scottish civil litigation—general considerations. Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence? Pre-action protocols require parties to a dispute to work in advance of formally raising proceedings. They aim to encourage early communication and the exchange of information, including expert reports. Failure to comply with pre-action requirements can often have implications in expenses. Similarly, some procedures involve active case management from the court, including in relation to expert evidence. There are no mandatory pre-action requirements for ordinary actions, whether in the sheriff court or the Court of Session. However, some types of specialist procedure do require the proactive, early exchange of expert reports between the parties and indeed ongoing communication and discussion...

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Scott Schedule—delay

Scott Schedule—delay No. Event relied on Delay experienced Delay Defendant’s

Scott Schedule—defects

Scott Schedule—defects No. Defect Term of contract Breached Remedial cost Defendant’s response Judge’s comments 1 Serious corrosion appearing

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How will the Family Courts approach the ownership of a family pet on divorce or separation?

How will the Family Courts approach the ownership of a family pet on divorce or separation? In England and Wales, the law regards pets as chattels and as such there is no specific legislative provision in relation to the ownership of pets on divorce or separation and very limited case law. Such matters may arise as an ancillary issue within the financial proceedings as a whole and case law examples where such issues have been considered, and the approach taken by the courts, are: • S v S, where the court had regard to the wife’s wish to keep her horses and noted that whereas it would have been unreasonable to have awarded her sufficient means to enable her to keep up her life with horses if the parties’ means had been insufficient to permit the husband comfortably to accommodate such spending, so long as the husband’ s income was well able to permit him to continue to finance an aspect of the wife’s life that had been integral to...

Where a lease expired three months ago and the tenant has vacated the property, can a landlord serve a terminal dilapidation claim after the 56 days given in the Dilapidations Protocol has expired?

Where a lease expired three months ago and the tenant has vacated the property, can a landlord serve a terminal dilapidation claim after the 56 days given in the Dilapidations Protocol has expired? A claim for dilapidations is a claim against a tenant arising out of the state of premises, arising out of a covenant to maintain and repair. It is assumed for the purpose of this answer that such a covenant exists and as a result there is the prospect of a claim for dilapidations. The basis of such a claim is to compensate the landlord by putting him back in the position that he would have been in but for the breach. As a result the measure of damages is the cost of carrying out the works which the tenant was obliged pursuant to the terms of the tenancy to maintain and repair the property: Joyner v Weeks. This is subject to the statutory cap imposed by section 18 of the Landlord and Tenant Act...

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Singapore’s Technology, Infrastructure and Construction List—a new global forum for the resolution of major project disputes?

The Singapore International Commercial Court (SICC) recently announced the creation of a specialised Technology, Infrastructure and Construction List (TIC List) to handle complex disputes, including technology-related disputes and those arising from infrastructure and construction projects. Jon Gilbert, knowledge lawyer, and Gabriel Wang, trainee solicitor, both at Freshfields Bruckhaus Deringer, review the SICC’s announcement.

PI & Clinical Negligence weekly highlights—12 August 2021

This week's edition of PI & Clinical Negligence weekly highlights includes analysis of the Overseas Operations (Service Personnel and Veterans) Act 2021 and its impact on military claims, as well as further analysis of the long-awaited Supreme Court judgment in X v Kuoni Travel Ltd. In addition, we include a round-up of other key cases, news, New Law Journal articles of interest.

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