FOREWORD
by
The Right Honourable Lord Hamilton
Lord President, Court of Session
I welcome this new, revised edition of Mr Bennett’s work. Written pleadings remain an essential element of civil litigation in Scotland, including in the Sheriff Court. They provide the framework within which the issues are addressed and a means of focusing these issues. If ill-drafted, they can give rise to fruitless distractions and a lack of focus: if well-drafted, they can allow for a ready appreciation of the issues and a consequent concentration on the essentials.
Style books, if up-to-date and well-constructed, are a valuable tool for the pleader. In the not too distant past pleaders had to make do with style books which were long out of date. Not now. Mr Bennett’s work in its successive editions has provided current, lively templates which are of real practical benefit to the busy practitioner. Of course, styles are what they purport to be, namely, formulae for typical situations. They must not be used slavishly; they will require adaptation to the cir cum stances in hand. But, properly used, they are a valuable starting point. For this edition the text has been substantially revised and updated to take into account recent legislation. Four new styles have been introduced: (1) dissolution of a civil partnership; (2) suspension of a mortgagee’s rights at the instance of a non-entitled spouse; (3) application for a guardianship order under section 58(1) of the Adults with Incapacity (Scotland) Act 2000; and (4) application for an intervention order under the same statute. A number of styles in the previous edition have been deleted; practitioners may still have occasion to resort to these. Changes in the rules of court have been noticed and are reflected in the styles. The latter include a statement of value of claim in a personal injury action, a statutory application for warrant for diligence on the dependence and a motion for the evidence of a witness to be given through a live television link.
I wish this edition every success.
Arthur Hamilton
Edinburgh
September 2009
