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When Will You Need A Scott Schedule?

Jan 27 2022 | Litigation

by Joseph Navas

by Joseph Navas

Head of Litigation

In this article

Scott Schedule template.

Typically, a Scott Schedule is in A4 landscape format, with a table making room for each listed item. Specifically, a Scott Schedule should contain the following:

  • A reference number for the allegations
  • Date – Date of the incident allegations
  • Allegation – This must be clear and concise for the Judge and will be expanded on during the court proceedings
  • Reference – This will direct you to any statements or evidence supporting their claim
  • Response – You will leave this area for the person subject to the allegation to provide a reply. It will give them a chance to defend themselves against the allegation or agree to the claimants’ terms.
  • Reference – The responder will also be able to provide a reference to support their response
  • The Judge’s findings – You’ll leave this area blank for the Judge to write their verdict on the matter

 

Can a statement be provided to the court in support of a Scott Schedule?

Yes, depending on the type of hearing and the details of the allegations.

Scott Schedules are very concise and can contain a lot of detail. However, they can become more succinct when combined with an explanation of the allegations listed in the document. For example, suppose the court orders a fact-finding hearing. In that case, parties will set out their allegations in a Scott Schedule, combined with their witness statement and any supporting documents that may apply.

What evidence can be relied upon when completing a Scott Schedule?

There are many kinds of documents might support the allegations made in a Scott Schedule.

For example, parties often use Scott Schedules in cases of children and domestic violence. To support allegations made in a case such as this, the party may provide:

  • Healthcare reports
  • Local authority reports
  • Police reports
  • Educational documents

 

What happens when a Scott Schedule is prepared and submitted?

Once a Scott Schedule is prepared along with any statement and supporting evidence documents, it is submitted to the court for their consideration.

The court will decide whether the allegations made in the case are true or not. The decision of the judge and court will determine how the matter can then proceed.

1. Construction

Judges first used Scott Schedules in the Technology & Construction Court (TCC). In construction cases, Scott schedules are beneficial because the accounts of different parties’ disputes can be very factually complex.

In addition, there may often be hefty statements of the case, and it may be very time consuming to be moving back and forth between the parties’ rivalling allegations. Therefore, a Scott Schedule negates the need to do so. Typically, a schedule compares the parties’ views in cases of:

  • Defects – relating to poor workmanship
  • Final accounts/valuation disputes – inadequate or unclear workmanship costing
  • Delay claims – remedy or compensation for delayed workmanship
  • Housing disrepair

In cases of disrepair, you’ll fill out a Scott Schedule to notify both parties of the allegations before potentially taking them to court – usually for use in county court claims in cases of minor disputes. For example, if a rented property is not fit to live in and the landlord refuses to pay for any repairs needed to meet your demands.

You’ll need to fill out a Scott schedule to take the landlord to court. Here you would list defects and details of poor living quality before sending the Scott Schedule to the landlord for their response.

2. Employment

One example of using a Scott Schedule in a case of employment would be a dispute about discrimination in the workplace. You may decide to take this to an employment tribunal where a Scott Schedule may be necessary for the Judge to assess the damage.

In a complicated discrimination case, you would set out in a table each act of discrimination, the date of these allegations, the people involved, the date/time that you raised a grievance about it, and the nature of the discrimination, harassment, victimisation or indirect discrimination. In that case, your schedule would contain 5 columns, headed respectively: incident, date, people involved, date of grievance, nature of the claim.

Suppose you complain of underpayment or no payment on several different occasions. Under these circumstances, you may have to set out in a table when you were underpaid, the clients concerned, the amount of commission you received, and the amount of commission you state you should have received.

3. Family

Areas of family law that are more difficult to quantify are often easier to denote using a Scott schedule. You commonly find them in cases of family law regarding:

  • Domestic violence
  • Injuries to children
  • The allocation of resources in financial disputes, including financial misconduct

The Judge will make directions for parties to submit a Scott Schedule, where necessary, and they will ask for this in advance of a fact-finding hearing. A fact-finding hearing is a court hearing where the Judge will determine if specific allegations are true or false.

4. Personal Injury

In the case of a personal injury, you may again have to attend a fact-finding hearing. The details of events, the people involved, and the place/time that it happened will be of particular importance.

Typical personal injury claims where one might find a Scott Schedule include:

  • Road traffic accidents
  • Accidents at work
  • Life-changing injuries
  • Medical negligence
  • Slips, trips & falls

If an injury occurred at your place of work or you believe that the damage is someone else’s fault, you may wish to seek compensation. Indeed, your respondent will likely be the person responsible for your injury – the compensation will usually come from their insurance company.

When you have sent your Scott Schedule to the respondent, they may accept or deny the allegations. In this case, your solicitor will negotiate with the other side on your behalf. If they can’t reach an agreement or the other side denies liability, the personal injury claim may go to a hearing at court. However, attending a hearing before a judge is a pretty rare occurrence.

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