‘A Practical Guide to Summary Cause Procedure in the Sheriff Courts in Scotland’ by Andrew Stevenson

Description

‘A Practical Guide to Summary Cause Procedure in the Sheriff Courts in Scotland’ is a companion volume to ‘A Practical Guide to Simple Procedure in the Sheriff Courts in Scotland’ and aims to assist practitioners in this field of litigation. The author is a practising solicitor who has been appearing in summary causes for 37 years, and who shares his experience of the pitfalls and risks that abound in these low value actions.

The book is divided into general provisions that are applicable to all summary cause procedure followed by a series of chapters on the particular forms of action which are required to be raised under this procedure but which display characteristics which differentiate them starkly from each other, The book refers extensively to the legislation and other measures governing procedure and there are numerous references to recent caselaw.

This book is an invaluable guide to all practitioners advising clients in this complex area of litigation.

ABOUT THE AUTHOR

Andrew Stevenson is a practising solicitor advocate at Waddell and Mackintosh, Troon. He first appeared in the Summary Cause Court in 1989 and most recently did so in July 2026. Andrew was a Reporter to the Client Relations Office of the Law Society of Scotland from 2004 to 2011, dealing with complaints against solicitors in relation to court actions. He is a past President of the Glasgow Bar Association and remains the only solicitor advocate with civil rights of audience to hold that office. He has been Secretary of the Scottish Law Agents’ Society since 2020.

Andrew has written for many years on civil procedure and gives seminars on the subject of litigation. He has conducted proofs in sheriff courts all over Scotland and in the Court of Session. For many years he has acted as commissioner to recover evidence in both civil and in summary and solemn criminal cases. He is a contributor to Greens Litigation Styles, wrote Style Writs for the Sheriff Court, Bloomsbury 2023 and he is a regular columnist for The Scotsman. He is also a vice convenor of the Discipline Tribunal of the Church of Scotland.

CONTENTS

Chapter 1. The Sources, Types and Scope of Summary Cause Procedure
Chapter 2. Representation, Support and Legal Aid
Chapter 3. Commencement of an action, and interim diligence
Chapter 4. Incidental applications, Transfers and Remits
Chapter 5. Undefended Actions, Time to Pay Directions and Time Orders
Chapter 6. Defending a Claim, Counterclaiming and Additional Parties
Chapter 7. Determination without the need for Proof
Chapter 8. Proof; Recovery of Documentary Evidence, Witnesses and Conducting the Proof
Chapter 9. Fees, Expenses and the Finality and Extract of a Decree
Chapter 10. Appeals
Chapter 11. Defamation and Personal Injuries
Chapter 12. Heritable Property
Chapter 13. Actions ad factum praestandum
Chapter 14. Multiplepoindings, Count, Reckoning and Payment and Furthcoming
Chapter 15. Aliment