Legal Definitions - wakening

In Scots law, wakening refers to the formal process of reactivating a legal case that has become dormant. An action is considered dormant if no formal procedural steps or actions have been taken by any party involved for a continuous period of at least one year and one day. The wakening process allows the parties to resume the court proceedings after this period of inactivity.

Here are some examples to illustrate how wakening applies:

• Commercial Contract Dispute: Imagine two companies, Alpha Corp and Beta Ltd, are involved in a lawsuit over a breach of contract. After the initial filings, negotiations begin, but they become protracted and eventually stall. For 15 months, neither company files any new documents with the court, requests a hearing, or takes any other formal step in the litigation. If Alpha Corp then decides to push the case forward, their legal team would need to initiate a wakening of the action. This formal step would bring the dormant court case back to an active status, allowing them to proceed with discovery, schedule a trial, or pursue other legal remedies.

• Personal Injury Claim: Consider a person who has filed a claim for injuries sustained in an accident. Due to the complexity of their medical recovery and ongoing assessments, the claimant's legal team does not file any new court motions, update evidence, or request a court date for a period of 13 months. Once the claimant's medical condition stabilizes and they are ready to proceed, their solicitor would need to apply for a wakening of the action. This ensures the court formally acknowledges the case is active again before any further legal steps, such as setting a trial date or pursuing a settlement conference, can take place.

• Property Boundary Dispute: A dispute arises between two neighbours over the exact boundary line between their properties, leading to a court action. After the initial pleadings, both parties agree to attempt mediation to resolve the issue amicably. The mediation process extends for over a year, during which no formal updates or requests are made to the court. If mediation ultimately fails, and one neighbour wishes to continue with the litigation to get a court ruling, they would be required to apply for a wakening of the action. This would formally restart the court proceedings, allowing the case to move forward towards a potential trial or a court-ordered resolution.