Filing a Civil Court Action in Scotland

If you have a legal dispute with someone and want to take it to court in Scotland, you may need to file a civil action. Whether it’s a disagreement over money, property, or breach of contract, civil actions can provide a formal way to resolve disputes. This guide outlines the process in simple terms to help you understand how to file a civil action in Scotland.

Step 1: Consider Alternative Dispute Resolution (ADR)

Before filing a court action, it’s often a good idea to consider Alternative Dispute Resolution (ADR) methods such as mediation or arbitration. These options are generally quicker, cheaper, and less formal than going to court. Courts usually expect parties to have attempted to resolve the dispute outside of court where possible.

Step 2: Determine if You Have a Case

You should seek legal advice to ensure you have a valid claim. A solicitor can assess your situation and advise you on your chances of success. To file a court action, there must be a legal reason for bringing the case, such as breach of contract, unpaid debts, or negligence.

Step 3: Choose the Appropriate Court

In Scotland, the Sheriff Court handles most civil cases, while more complex or higher-value cases may go to the Court of Session in Edinburgh. The choice of court depends on the value of the claim:

– Claims up to £100,000 are usually dealt with in the Sheriff Court.

– Claims over £100,000 or of greater legal importance might be raised in the Court of Session.

Step 4: Identify the Correct Procedure

Civil claims in the Sheriff Court follow different procedures depending on the value and complexity of the case. These are:

– Simple Procedure: For claims of £5,000 or less, such as small debts or consumer disputes. The process is designed to be informal        and accessible without needing a solicitor.

– Ordinary Cause Procedure: For claims over £5,000 or more complex matters, such as family law disputes or boundary issues.

– Summary Cause: Used for claims between £5,000 and £100,000, although this is now less common.

In the Court of Session, cases are raised as summons or petition procedures, depending on the type of case.

Step 5: Prepare and Submit Court Papers

Once you’ve determined the appropriate court and procedure, you’ll need to prepare your court papers. For a civil action, this typically involves:

– Writ or Initial Writ in Ordinary Cause Procedure.

– Claim Form in Simple Procedure.

These documents outline the basis of your claim, the legal remedy you seek, and the evidence you’ll rely on. Ensure the information is clear and accurate, as mistakes can delay your case.

You will also need to pay a court fee when submitting your claim. The amount varies based on the type and value of the case.

Step 6: Serve the Papers on the Other Party

Once the court accepts your claim, the next step is to serve the papers on the other party, known as the defender. This means giving them formal notice of the action. Service can be done by sheriff officers, who are authorised to deliver court documents, or by recorded delivery.

Step 7: Wait for the Defender’s Response

The defender usually has 21 days to respond. They can:

– Admit the claim, meaning they accept responsibility and may offer a settlement.

– Defend the claim, meaning they will contest the case and file a defence.

– Ignore the claim, in which case you can ask the court for a default judgment, where the court may rule in your favour automatically.

Step 8: Attend Court Hearings

If the defender disputes the claim, the case will proceed to a hearing. This could involve a Case Management Discussion or Full Hearing, depending on the procedure. In court, both sides present their evidence and arguments before the sheriff or judge, who will then decide the outcome.

You and the defender will likely be required to exchange evidence, including witness statements, contracts, or other relevant documents before the hearing.

Step 9: Court Decision and Enforcement

After hearing both sides, the court will make a decision and issue a judgment. If you win the case, the court may order the defender to pay you compensation, return property, or take other actions. If the defender refuses to comply with the court’s order, you may need to take further steps to enforce the judgment, such as using **sheriff officers** to seize property or wages.

Step 10: Appeal (If Necessary)

If you or the defender are unhappy with the decision, it is possible to appeal to a higher court. However, appeals are only allowed in certain circumstances, usually where there was an error in law or procedure. You will need legal advice if you are considering an appeal.

Conclusion

Filing a civil action in Scotland can be a complex process, but understanding the key steps can help you feel more confident. While it’s possible to represent yourself, seeking legal advice early on will give you the best chance of success. Court procedures are detailed, so make sure you follow them carefully to avoid unnecessary delays.

If you’re unsure of your next steps, a solicitor can guide you through the process, helping you achieve the best possible outcome.

If you considering raising a court action or you simply wish more information, then please contact our experienced Civil Law solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist.