IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

 

COMMERCIAL ACTIONS

    SCOTT SCHEDULE

1.     The purpose of the Scott Schedule is to set out in tabular form the positions of the respective parties on each item in dispute for use at the hearing of the case.

2.     The use of a Scott Schedule may arise where there are numerous items of claim, such as by way of variations or defects or delays, that may be collated from pleadings and witness statements and experts reports and presented in a schedule, rather than by reference to numerous documents, as an aid to assessment of the items.

3.     The contents of the Scott Schedule appear under column headings, which headings may differ in dealing with variations or defects or delays, with entries by each party in respect of each item in dispute.

4.     The preparation of the Scott Schedule should be undertaken by the parties in cooperation. Initially the plaintiff’s solicitor, following discussions between the parties and their experts, should set out the relevant column headings and the relevant items in dispute with statements of the plaintiff’s position. The Scott Schedule completed by the plaintiff’s solicitor should then be forwarded to the defendant’s solicitor to complete the statements of the defendant’s position.

5.     In the absence of agreement any party may apply to the Court for directions as to the form and content of a Scott Schedule.

6.     See the discussion in Keating on Construction Contracts. By way of example see on the next page a Scott Schedule in relation to a defects claim.

 

Mr Justice Weatherup,

21 December 2012

 

 

 

 

 

 

 

 

 

 


 

Item No.

 

PLAINTIFF

DEFENDANT

JUDGE

 

Description of defect

Term of contract/

specification breached

Remedial work

 

Cost of remedial work

Comments

on breach

Comments on remedial work

Comments on costs

Comments

Price

 

1

 

 

 

 

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

Scott Schedule for defects attached to the Practice Note dated 21 December 2012.