Navigating the Court System in Scotland: A Guide to Civil Cases

If you find yourself tangled up in a legal dispute in Scotland, understanding the court system can be crucial. Here, we’ll walk you through the key courts and procedures for civil cases in Scotland, making it easier for you to make sense of and navigate through the legal maze.

Types of Courts:

1. Sheriff Courts: These are the most common courts for civil cases in Scotland. They deal with a wide range of disputes, including contract issues, personal injury claims, family matters, and property disputes. Each Sheriff court covers a specific geographical area and is presided over by a Sheriff, who is a legally qualified judge.

2. Sheriff Appeal Court: If you’re unhappy with a decision made in a Sheriff court, you can appeal to the Sheriff Appeal Court. It hears appeals from Sheriff courts and also deals with certain criminal appeals.

3. Court of Session: This is Scotland’s supreme civil court. It handles more complex and high-value cases, such as commercial disputes, judicial reviews, and appeals from lower courts. The Court of Session is divided into different divisions, including the Outer House and the Inner House, each dealing with specific types of cases.

Procedures for Civil Cases:

1. Pre-action Protocols: Before starting court proceedings, parties are encouraged to follow pre-action protocols. These are guidelines aimed at resolving disputes without the need for court intervention. They often involve communication between parties to exchange information and explore settlement options, without opting for the far costlier alternative in the form of court action.

2. Commencing Proceedings: To start a civil case, you’ll need to submit a writ or a summons to the appropriate court. The document should outline the details of your claim, including the facts, legal arguments, and the remedy sought.

3. Pleadings: Once the case is underway, the parties will exchange pleadings. These are formal written statements where each side sets out their case and responds to the other party’s arguments.

4. Evidence: Both parties have the opportunity to present evidence to support their case. This may include witness testimony, documents, and expert reports. The court will consider this evidence when making a decision.

5. Court Hearing: In most civil cases, there will be a court hearing where the parties present their arguments orally. The judge will listen to both sides, ask questions, and ultimately make a ruling based on the evidence and the law.

6. Judgment: After considering all the evidence and arguments, the judge will deliver a judgment. This is a decision on the merits of the case, determining which party succeeds and what remedies, if any, are awarded.

7. Appeals: If you disagree with the court’s decision, you may have the right to appeal to a higher court. The appeal process involves presenting your case to a different set of judges, who will review the original decision and decide whether it should be upheld or overturned.

Conclusion:

Navigating the court system in Scotland can seem daunting, but understanding the key courts and procedures for civil cases can help you effectively pursue or defend your legal rights. Whether you’re involved in a dispute in the Sheriff court, the Court of Session, or the Sheriff Appeal Court, having a basic grasp of the process will empower you to navigate through the legal proceedings with confidence.

If you have an issue or simply wish more information,  then please contact our experienced Civil Court solicitors on 01259 723201 or contact help@randa-fa.co.uk and we would be delighted to assist.