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Debt Advice Handbook Scotland 1st ed - with new material

Understanding an ordinary cause initial writ

• The Heading
• The Instance
• The crave
• The condescendence
• Plea in law

The Heading

This details which court will hear the case.

The Instance

This details who the parties involved are. In an ordinary cause action, the person raising the action is called the ‘pursuer’ and the person the action is raised against is called the ‘defender’.

The crave

This is the part in the initial writ that sets out what the pursuer is asking for – eg, if they are claiming the defender owes them money, they ‘crave the court’ for a court order for payment of that money.

They also often ask for interest on that amount at 8 per cent per annum, and for their expenses in raising the action.

The condescendence

This outlines the facts of the case that the pursuer is relying on. It is laid out in numbered paragraphs.

The condescendence should provide details of what the debt is for, the type of agreement it was, when it was signed and which payments have been made and missed. It should also state when a default notice was served and when the agreement was terminated. If the action being raised refers to a regulated agreement, the pursuer should include details and evidence of the same in the initial writ.1Part 3.2A Ordinary Cause Rules

The condescendence is an important part of the initial writ. If a defender intends to dispute the debt or part of the claim, it is important to check that the facts the pursuer has written are correct.

 

1     Part 3.2A Ordinary Cause Rules »

Plea in law

This sets out the legal arguments for the order craved of the court based on the facts alleged in the condescendence.