Association of Construction Attorneys: revised scheme

Appendix 2 - Practical Legal Training Course Outline

Introduction

The course will comprise four modules, as follows:

• Module 1 – Foundation Module
• Module 2 – Ordinary Cause Actions in the Sheriff Court
• Module 3 – Simple Procedure, Summary Applications, Commercial Actions and Enforcement
• Module 4 – Court of Session actions

The content of each module is outlined in further detail below.

Each module will comprise two seminars, each of approximately three hours duration. Preparatory reading will be required in advance of each seminar. In addition, assignments will be set at the first seminar in each module, for submission in advance of the second module. Assignments will be reviewed and returned to students at the second module, with comments.

Formal assessment of the modules will be by way of the Assignments issued throughout the course. Completion of the course and the submission of competent assignments will be required before the Association will issue an Interim Practising or Practising Certificate.

While seminars will include a lecture component, students will have completed preparatory reading in advance and the emphasis will be on skills development.

It is anticipated that each module will require students to be engaged for sixteen hours; six hours in class and a further ten hours in preparatory reading and written assignments.

Aims And Objectives

The collective aim of the three modules will be:

(a) to develop skills relevant to the conduct of civil litigation in the sheriff court in the context of contractual and commercial disputes under small claims and summary cause procedures;

(b) to develop skills relevant to the drafting of an initial writ and conduct of the early stages of an ordinary cause action.

This course is not designed to teach substantive law.

Objectives:

By the end of the three modules, students should be able to:

• demonstrate an understanding of the Scottish court system and the rules of jurisdiction
• analyse potential claims
• conduct Small Claims and Summary cause actions
• draft an initial writ
• critically analyse written pleadings
• demonstrate an understanding of enforcement procedures
• demonstrate an understanding of professional ethics and the rules of conduct in the context of civil litigation in the Sheriff Courts

Foundation Module

Preparatory Reading will be assigned in advance of the first seminar.

Seminar 1

• The Scottish Court System
  • Sheriff Court
  • Court of Session
  • Appeals
• Jurisdiction
  • Territorial Jurisdiction
  • Privative jurisdiction of the Sheriff Court
  • Privative Jurisdiction of the Court of Session
  • Concurrent Jurisdiction of the Sheriff Court and the Court of Session
• Civil Jurisdiction and Judgements Act 1982
• Introduction to Written Pleadings – basic drafting skills (Assignment for submission before Seminar 2 – draft an initial writ)

Seminar 2

• Feedback on drafting assignments
• Case Analysis
• Written Pleadings (continued)
• Professional Ethics
• Consolidation of Foundation Module

Module 2 - Ordinary Cause Actions In The Sheriff Court

Preparatory Reading will be assigned in advance of the first seminar.

Seminar 1

• Ordinary Cause Procedure
• Written pleadings - Relevancy
• Written Pleadings - Specification
• Drafting the Initial Writ
• Diligence on the Dependence

(Assignment for submission before Seminar 2 – draft an initial writ)

Seminar 2

• Acting for the Defender
• Analysing the initial writ
• Drafting Defences
• Adjustments
• Notes of basis of preliminary pleas
• The Options Hearing
• Further Procedure
• Consolidation of Module Two

Module 3 – Simple Procedure, Summary Applications, Commercial Actions And Enforcement

Preparatory Reading will be assigned in advance of the first seminar.

Seminar 1

• Simple Procedure
• Summary Applications
• Appearing in court – introduction to oral advocacy (practical exercise)

(Assignment for submission before Seminar 2 – draft a statement of claim, note of defence and a summary application)

Seminar 2

• Feedback on written assignments
• The Proof
  • preparing for the proof
  • evidence
  • examination in chief, cross examination, re-examination
  • objections
  • submissions
• Commercial Actions
• Enforcement/ diligence
• Consolidation of Module Three

Module 4 – Court Of Session Actions

Preparatory Reading will be assigned in advance of the seminars.

Seminar 1

• Choice of forum
• Pleadings
• Multiple defenders
• Amendment
• Interdicts, interim and permanent
  • Undertakings
  • Contempt
• Counterclaims
• Sists
• Decree by default
• Caution
• Debates & relevancy
• Specification in pleadings
• Recovery of evidence
  • Timing of application
  • Fishing
  • Personal injuries
  • Confidentiality
  • Dawn raids
• Private confidentiality
• Commercial Court Procedure
  • Productions
  • Affidavits & witness statements

Seminar 2

• Expert evidence
• Settlement
• Settlements and subrogation
• Res judicta
• Tenders
• Expenses
  • Interim awards
  • Bases of Taxation
  • Additional fee
• Personal injuries: use of multipliers
• Appeals
• Interest
• Discharge of a decree
• Ex parte communications with the court