“Condescendence” refers to a detailed and systematic statement or list of facts and claims presented by a party in a legal proceeding, particularly in Scottish legal practice. This statement outlines the specific grounds, allegations, and particulars upon which a party relies to support their case or defence. Condescendence serves to provide clarity and specificity in legal arguments, enabling parties to articulate their position clearly and effectively. It is an essential component of pleadings and submissions in court proceedings, helping to establish the basis for legal claims or responses in a structured and organised manner.
Condescendence refers to a legal pleading that sets out the facts and circumstances on which a party relies in a case.
Condescendence is used to provide a clear and concise statement of the facts and evidence that support a party’s position in a legal dispute.
The purpose of condescendence is to inform the court and the opposing party of the specific details and evidence that will be relied upon in the case.
Condescendence is typically required in civil cases, where parties are expected to provide a clear and detailed statement of the facts and evidence supporting their claims or defences.
Failure to provide condescendence as required by the court rules may result in the party’s pleadings being struck out or their case being dismissed.
Condescendence can be amended or updated with the permission of the court, especially if new evidence or facts come to light during the course of the case.
The opposing party may challenge the condescendence by filing a response or a motion to strike out certain parts of the condescendence if they believe it is insufficient or irrelevant.
Condescendence is a specific pleading that sets out the facts and evidence, while a statement of claim or defence provides a broader overview of the party’s position in the case.
A lawyer can assist in drafting condescendence by ensuring that all relevant facts and evidence are included, and by presenting the information in a persuasive and legally sound manner.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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