When dealing with ordinary cause actions in Scotland, you need a solicitor who understands how to correctly draft your pleadings. At xkSolicitors, we regularly handle Sheriff Court cases and know how important properly drafted pleadings are for success.

Key Principles of Pleading ⚖️

The main rules of pleading are:

1. State facts only – Pleadings should focus on facts, not legal arguments or evidence.
2. Answer every statement – Each fact stated by one party must be accepted, denied, or qualified by the other party.
3. Be specific – Vague or general statements are not enough.
4. Be relevant – The facts must relate directly to the case.
5. Keep it concise – Overly complicated pleadings are discouraged.

Facts vs. Evidence

• Pleadings must only set out the facts, not the evidence. Pleadings can refer to the evidence which is lodged by way of productions during the process to Proof. Parties will lodge productions containing evidence backing their statements of fact.
• Evidence is presented to the court during the proof.
• For example, a pursuer must state the key facts of their claim (e.g., rights in an asset acquired through marriage) but not list witnesses or documents in the pleadings.

Law vs. Facts

Legal arguments are presented in pleas-in-law, not within the factual averments. Exceptions exist in negligence cases, where the duty of care owed must be clearly stated.

Admissions and Denials

• Any fact not denied is treated as admitted.
• A response such as “Not admitted” can be treated as an admission if the fact is within the other party’s knowledge.
• Admissions are legally binding and can be used in future proceedings.
• Being honest in pleadings is key – courts expect candour, and failing to admit clear facts can result in cost penalties.

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Specification – Be Detailed 🔍

A pleading must include enough detail to:

• Give the other party fair notice of the case they must answer.
• Allow the court to determine if there is a valid claim or defence.
• Specify key details like dates, times, places, and exact losses.

Relevancy – Does the Case Stand in Law?

A court can dismiss a case without hearing evidence if the pleadings:

• Do not disclose a valid legal claim or defence.
• Fail to show how the facts (even if true) support the remedy being sought.

Why Proper Pleadings Matter

Poorly drafted pleadings can lead to:

• Dismissal of the action before it is heard in court.
• Unnecessary costs and delays.
• An inability to introduce certain evidence later.

This is why instructing a solicitor experienced in Sheriff Court procedure is essential.

Conclusion

Pleadings are the foundation of any civil court action in Scotland. They must be:

• Fact-based, specific, and relevant.
• Well-structured, avoiding unnecessary argument or evidence.
• Drafted with care to avoid admissions or omissions that could damage the case.

At xkSolicitors, we have expertise in drafting clear, precise pleadings for ordinary causes in the Sheriff Court and Court of Session. Whether you’re pursuing a claim or defending one, we ensure your case is properly presented from the outset.

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