Commission & Diligence - Recovery of Evidence in Scottish Litigation

Introduction

This virtual classroom session will consider an important feature of Scottish litigation which is the recovery of evidence from the other party or a third party.

The procedure for recovering documentation is called commission and diligence. Other types of evidence, in addition to documents, can be recovered under s.1 of the Administration of Justice (Scotland) Act 1972, both before and after civil proceedings have been raised.

However, there are rules and procedure that must be followed in order to take advantage of the commission and diligence procedures and this session will explore those rules and procedure.

What You Will Learn

This live and interactive course will cover the following:

• Specification of documents
• Optional procedure
• Service - Havers
• Confidentiality
• Privilege
• Fishing diligence
• The Commission
• Implied obligation for recovered documents
• Ex-parte s.1 application/dawn raids

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.