Fast Track Litigation: Sheriff Court
Is your case suitable for the Sheriff Court Commercial Procedure?
On the whole cases settle earlier, or are resolved quicker, through a robust and proactive approach by the courts. There are different rules of procedure which are designed to speed up the judicial process. Generally this has a direct benefit of lower costs to clients.
We understand clients' frustrations with the time-scales and costs sometimes experienced with actions raised under the court’s Ordinary Rules. We seek to alleviate these where we can. We find the Commercial Court a useful tool in this regard. Its scope is restricted presently and it is only available currently in a small number of Sheriff Courts, including Glasgow Sheriff Court.
The Commercial Procedure has been responsible for changing and improving many aspects of litigation culture in the Sheriff Court. It has introduced efficiencies into the court and legal practice. As a result, the court is seen now as taking a more 'business-like' approach to procedure.
The reasons are clear:
- The continuity throughout proceedings of designated commercial Sheriffs with specialist knowledge plays a pivotal role in achieving speedy disposals.
- Vigorous case management provides Sheriffs with the opportunity to focus issues at a much earlier stage than in other Sheriff Court actions.
- The involvement of principal solicitors at key stages of cases plays a crucial role in Commercial Procedure.
- Telephone conferencing and e-mail exchanges have taken the place of procedural callings of the case in court.
Contact: Grant Hunter, Partner ghu@bto.co.uk T. 0141 221 8012 / Paul Motion, Partner prm@bto.co.uk T: 0131 222 2939