Scotland v England

Scotland v England – the language is different

by Sharon Murray, Solicitor (Scotland) at Gillespie Macandrew, Accredited Specialist in Family Law : Accredited Family Law Mediator : Family Law Arbitrator

Family Law (and the language used) are different in England and Scotland. Here are some examples of the Scottish words or phrases that we use in family actions together with the English equivalent:

Scotland: the Pursuer is the party that initiates the Family Court action. England: the Applicant.

Scotland: the Defender is the party against whom the Family Court action is raised. England: the Respondent. 

Scotland: the Initial Writ or Summons is the document that initiates the Family Court action. England: the Application.

Scotland: Summary Sheriff/Sheriff are the judges in the Sheriff Court (the lower civil court) who deal with family actions. England: District Judge.

Scotland: An Advocate or Solicitor Advocate conducts a case in the Court of Session (Higher Civil Court) but can also represent you in the Sheriff Court. An instructing solicitor is usually also needed. England: A Barrister or Counsel.

Scotland: An Interdict is an order from the Court stopping you from doing something e.g. disposing of assets.  England: Injunction or prohibited steps order.   

Scotland: Periodical Allowance is a court ordered or agreed payment of regular income between former spouses after Divorce. England: Maintenance/Periodical Payment Orders.

Scotland: Aliment is financial support between spouses prior to divorce. England: Spousal Maintenance/ Maintenance Pending Suit.

Scotland: An Exclusion Order is a Court Order that excludes you from the family home. England: Occupation Order.

Scotland: A Capital Sum Order is a cash payment to be made on divorce or at an agreed future date. England: Lump sum order.

The differences in language are not huge and arise from the different processes in each country. I hope this makes things a little easier when comparing our two systems.

Sharon Murray - Partner and Head of Family Law - Gillespie Macandrew