23 Competition Litigation in Scotland
Mark Brealey, Kyla George
Edited By: Mark Brealey QC, Kyla George
- Arbitration procedures — Appeals — Burden and standard of proof — Damages — Judicial remedies
This chapter focuses on the general practice and procedure governing competition litigation in Scotland. It first provides an overview of the Scottish legal system and the role of Scottish courts in commencing proceedings, before discussing the rights of parties as plaintiffs or defendants in group litigation as well as the rights of third parties to intervene in competition proceedings. It then considers the issue of jurisdiction in proceedings, summary decree and dismissal (strike out and summary judgment), and remedies that may be sought as interim orders. It also examines issues relating to disclosure of documents, burden and standard of proof, the use of factual evidence and expert evidence, how hearings are conducted, how final orders are issued, and how damages are assessed and awarded. The chapter concludes with an analysis of funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration, and alternative dispute resolution.