New guidance issued by commercial judges

New guidance has been issued by the commercial judges.

The commercial judges have issued new guidance relating to:

  • the recovery of documents in commercial actions
  • the enforcement of adjudication awards
  • circumstances in which dispensing with certain of the court’s usual requirements may be appropriate.

A revised and updated version of Commercial Actions: Guidance for Practitioners has also been issued.

The Guidance on the recovery of documents in commercial actions indicates what the court expects from parties and havers during the recovery process. It deals, amongst other things, with the use of appropriate and proportionate search methods for relevant electronic documents.

The Guidance on the enforcement of adjudication awards aims to encourage the expeditious disposal of actions seeking to enforce the awards of adjudicators.

The Guidance on dispensing with certain of the court’s usual requirements recognises, and reminds practitioners, that in some commercial cases the most appropriate and proportionate procedure may involve departure from the court’s normal requirements.

Commercial Actions: Guidance for Practitioners contains practical guidance on procedure and practice in commercial actions. It is a revised and updated version of (and it replaces) Commercial Actions: Guidance for Practitioners issued on 27 March 2017.

The full terms of the new guidance are available on the Commercial Actions page of the Scottish Courts and Tribunals Service website. It has effect from Monday 4 February 2019.