Publication - Publication

Association of Commercial Attorneys: revised scheme

Published: 18 Nov 2019
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9781839602610

The scheme has been revised in accordance with the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. The Minister for Community Safety has directed that the Association of Commercial Attorneys bring this into force from 18 June 2019.

60 page PDF

391.6 kB

60 page PDF

391.6 kB

Contents
Association of Commercial Attorneys: revised scheme
3.0 Statement of Rights

60 page PDF

391.6 kB

3.0 Statement of Rights

3.1 A Member of the Association of Commercial Attorneys has the following rights:-

(a) The right to conduct construction litigation in the sheriff court (including ordinary actions, summary applications and Simple Procedure) together with the right to conduct an appeal to the Sheriff Appeal Court and the Court of Session in any case conducted by a Member in the Sheriff Court at first instance;

(b) A right of audience in respect of construction litigation in the sheriff court proceeding by way of Simple Procedure, including a right of audience in an appeal to the Sheriff Appeal Court in that case;

(c) A right of audience in respect of construction litigation in procedural hearings (including case management conferences however conducted) in ordinary actions in the sheriff court and in an appeal to the Sheriff Appeal Court in any case conducted by a Member at first instance;

(d) A right of audience in respect of construction litigation in the sheriff court which is proceeding by way of an undefended ordinary action, in relation to a motion for decree.

(e) The right to conduct construction litigation in the Court of Session at first instance, including any appeal to the Inner House of the Court of Session that may arise thereafter, but no right of audience.

3.2 A Member of the Association is an officer of court.


Contact

Email: Laura.Thomson@gov.scot