At Jones Whyte, we are experts in commercial litigation law. That is why we will try to resolve disputes without the need for court action.
Of course, we also have extensive experience in the courts and will represent your business.
Commercial disputes can be heard in either the Sheriff Court or the Court of Session. A claim with a value of up to £100,00 can only be heard in the Sheriff Court.
There are two different routes your claim might take depending on the amount. For claims over £5000, the Sheriff Court uses Ordinary Cause Procedure and Summary Cause Procedure is used for claims under £5000. Simple Procedure has been designed to cut case processing times and simplify the current system.
For high-value cases in the Court of Session, a separate Commercial Court has been created to cut down processing time in commercial disputes. The Commercial Court has its own rules and procedures and a specialist commercial judge. The commercial judge has wide discretion and more control over the procedure, allowing the whole process to be concluded much faster.
The party to whom the claim is made is known as the respondent. A simple procedure claim can be made for payment of a sum of money where the value of the claim is £5000 or less, for delivery or recovery of possession of the moveable property, but only where there is an alternative claim for payment of a sum of money of £5000 or less or for an order to make someone do something specific.
Simple procedure cannot be used for a claim or recovery of possession of the moveable property, or for an order to make someone do something specific which does not have any alternative claim for payment of a sum of money, or has an additional claim for payment of a sum of money £5000 or less.
Before you go to court, it is important that you have already tried to settle the dispute. This could be through Alternative Dispute Resolution (ADR). It is also important to consider if the person will be able to pay? If it is a company, has it ceased trading? Can you afford to pay the cost of having any decision made in your favour enforced if it is not complied with?
If you raise a claim under the Simple Procedure the cost is £102. If the claim is valued at less than £200, the cost of raising the action is £19. Fee exemptions are available in certain circumstances. You must raise the action by completion of a Claim Form (Form 3A) which is available on the Scots Court website.
If you lose your case, the sheriff may order you to pay the other side’s legal expenses. If the value of the claim is less than £200 there will normally be no award of expense. If the value is between £200 and £1500 the maximum award of expenses will not exceed £150. If the value is above £1500 the maximum award is normally 10% of the value of the claim. If the sheriff believes that you have acted unreasonably in raising the claim, then they can award expenses in excess of the limits.
The Ordinary Cause procedure will be used if the claim is over £5000. You will need to complete the initial writ form. If you need help, our dedicated commercial litigation attorneys will be able to give you expert advice.
If you want to bring an Ordinary Cause, the current fees are £127, but fees are also payable at each stage of the process. If you are entitled to certain state benefits, you may be exempt from paying the court fees.
If you want to find out more about commercial litigation, contact Jones Whyte today.
Meet the experts
At Jones Whyte we have a dedicated team with vast experience in providing civil legal advice.
We are authorised and regulated by the Law Society of Scotland (www.lawscot.org.uk) and Solicitors Regulation Authority (www.sra.org.uk) A list of members of our firm is available upon request from our Registered Office at The Connect Building, 3rd Floor, 59 Bath Street, Glasgow, G2 2DH
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