At Jones Whyte, we are experts in commercial litigation law. That is why we will try to resolve disputes without the need for legal 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.
