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In court proceedings, there are a number of ways that a party might go about making their claims. A Scott Schedule is a concise document that lays out the allegations made by one or more of the parties and the response of the opposition.
In this article, our solicitors explain the common applications of Scott Schedules and the areas of law that you find them. If you need assistance from one of our experienced solicitors, please get in touch on 020 3007 5500.
What is a Scott Schedule?
A Scott Schedule is a document used in court proceedings that outlines a specific set of allegations presented to a judge for their decision over a matter. The claimant will write in their claims, and the third party who is subject to these claims will write in their response. The main idea of these schedules is that they are travelling documents. Hence, they pass between the parties to allow each party to present their views before entering the court.
George Alexander Scott introduced the format of a Scott Schedule for use in court. Scott was a building surveyor and official referee in the tribunal of the Technology and Construction Court.
The court used Scott Schedules during his matter for settling building disputes, and his legacy lives on as they are still used in matters today. Furthermore, in modern times they are also used in numerous other areas of law, including property law, family law and employment tribunals. The format of Scott Schedules was laid down succinctly and simply enough that these schedules have stood the test of time and have remained in the court for these reasons.
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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
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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.
When will a Scott Schedule need to be prepared?
There are several areas of law where you might come across a Scott Schedule. Our solicitors have compiled some more information about the areas where they might apply.
Read about the individual areas of law below:
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.
How can Britton and Time Solicitors help?
If you need legal representation, we can help. With an initial consultation, we’ll provide you with:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply email us via [email protected] or call us directly on 020 3007 5500.
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