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Commercial Litigation, Scotland

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Our commercial litigation lawyers can offer common sense and tailored advice to suit your specific business requirements. 

Our highly experienced commercial litigation solicitors can advise and represent you in disputes on any business issue or commercial litigation cases.

We will discuss your requirements and create a plan suited to you. We adjudicate, arbitrate and litigate on your behalf to get you results. Our approach will help drive your business forward.

Commercial Litigation Cases

Our commercial litigation solicitors regularly represent clients with legal cases, in many commercial litigation cases including:

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Contact us for a confidential discussion about your case.

We understand that every business has its own budget and will work within your expectations, offering a range of options. 

Our approach is always common sense and practical. We have a proven track record in commercial litigation cases and have a strong commitment to our clients helping to manage risk.

Contact one of our commercial litigation solicitors today.

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Get in contact with our experienced legal professionals today for support with your case.

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Commercial Disputes Process

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.

Simple Procedure

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.

Ordinary Cause

The Ordinary Cause procedure will be used if the claim is over £5000. You will need to complete the initial written 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.

At Jones Whyte, we have a dedicated commercial litigation team with vast experience in providing civil legal advice.

Contact Our Commercial Litigation Team

Our commercial litigation team, based in Glasgow city centre, is renowned for handling large-scale litigation cases involving commercial disputes, intellectual property issues, and shareholder claims, providing expert advice and dispute resolution services to clients.

Get in contact with our experienced legal professionals today for support with your case.

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At Jones Whyte we have a dedicated team with vast experience in providing civil legal advice.

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