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Commercial Litigation Lawyers, Glasgow

Our commercial team a can offer common-sense, tailored advice to suit your specific business requirements. Our highly experienced commercial solicitors can advise and represent you in disputes on any business issue. 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 common sense approach will help drive your business forward.

Commercial Litigation Glasgow & Scotland 

Our commercial solicitors regularly represent clients in many commercial issues including:

We understand that every business has their own budget and will work within your expectations. We can offer a range of options. Our solicitors will closely with your business, to help you make the most of your business. Our approach is always common-sense and practical. We have a proven track record in commercial litigation and have a strong commitment to our clients. Contact one of our team today to see how we can help you. Call us now on 0141 413 9229.

The Commercial Litigation Process in Scotland

Commercial disputes can be heard in either the Sherriff Court or the Court of Session . However those with a value of up to £100,00 can only be heard in the Sherriff Court. There are two different routes your claim might take depending on the amount. For claims over £5000, the Sherriff 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 to 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 a wide discretion, and more control the procedure allowing the whole process to be concluded much quicker.

The party whom the claim is made against is 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 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, but only where there is an alternative claim for payment of a sum of money of £5000 or less.

Simple Procedure

Simple procedure cannot be used for a claim or recovery of possession of 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 things such as will the person 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 as the court cannot do this for you? You have five years to raise a claim in Scotland, however there are shorter time limits you can check this with your solicitor.

If you raise a claim under the Simple Procedure the cost is £102. Here 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 sides 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 or your conduct doing the proceedings 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 initial writ form. If you need help our dedicated lawyers will be able to give you expert advice. If you want to bring an Ordinary Cause there are current fees these are £127 but fees are also payable at each stage of the process. If you are entitled to certain state benefits, you may be except from paying the court fees. So the final total could run into several hundreds of pounds. If the judge finds in your favour, it is not always easy to inforce the courts judgement.

Debt Recovery

In theory debt recovery in Scotland should be straightforward. Our debt recovery solicitors will help you with all aspects of debt recovery including:

  • Sending your debtors a letter notifying them of the outstanding amount, demanding payment and notifying them that action will be taken if they do not make payment. In the majority of cases many debtors will pay at this point.
  • If this doesn’t work, with your permission we will start legal proceedings

Contract Agreements

Whether you are dealing with customers, supplies or entering into a business relationship, contracts are essential to protect yourself from an potential disputes. Here at Jones Whtye we can draft, review and finalising matters in all aspects of contract agreements.

Contact our Commercial Litigation Solicitors Glasgow

We are a team of approachable, responsive, client-focused solicitors, who pride ourselves on offering personalised, tailored advice. Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. For clear, down to earth, legal advice and assistance from experienced and highly-skilled commercial solicitors, contact us via our online contact form, or give us a call on 0141 413 9229.

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