Are you interested in pursuing a civil court case, but don’t know where to begin? The litigation lawyers at DJP Solicitors are on hand to help with an array of legal matters, being experts in areas of law such as property, divorce, and employment. As litigation lawyers who can assist with your civil case, this blog is going to guide you through everything you need to know about civil court cases in Scotland. Read on to find out what areas of law are explored in civil court cases, where the cases take place, who will be present, and what to look for in a litigation lawyer.
What Is Civil Court?
Civil court is a court of law that handles disputes between individuals or organisations and covers distinct areas of law and legal matters, such as breach of contract, property disputes, and family law. In a civil court, the plaintiff, who is the party bringing the legal action, seeks a remedy or compensation for the harm they have suffered, while the defendant, who is the party being sued, defends the claim.
The outcome of a civil court case can result in a monetary award, an order for the defendant to do or not do something, or a determination of legal rights and obligations. Civil courts are distinct from criminal courts, which deal with cases where the state brings legal action against an individual or organisation for violating criminal laws.
The Two Main Courts
Civil court cases can range from small claims to complex commercial disputes, and the procedures for each can vary. When pursuing a civil court case, the first step is to determine the type of case and the appropriate court. Civil court cases are heard in either the Sheriff's Court or the Court of Session, depending on the type and value of the claim.
Sheriff Court
The Sheriff Court has jurisdiction over most civil cases, including small claims, personal injury claims, and contractual disputes up to a value of £100,000. This might include legal matters such as;
● Tenant/landlord disputes
● Family law
● Divorce and civil partnership issues
● Discrimination cases
● Debt problems
● All actions with a value up to £100,000
Court Of Sessions
The Court of Session deals with more complex and high-value cases. It has unlimited jurisdiction, which means that the Court of Session can hear any civil case, regardless of value. It is divided into two parts:
● The Outer House deals with detailed and complicated family matters, divorce, dissolution of civil partnerships, separations, as well as civil cases where a large amount is being claimed
● The Inner House handles appeals raised after the decision of either the Sheriff Court or Court Of Sessions Outer House.
Who Will Be In Civil Court?
The Judge or Sheriff
The judge or sheriff is the expert of law and manages everything in the courtroom, ensuring the proceedings are completed fairly and within the law, following civil court case rules and legal compliances. They have a duty to protect the interests of those involved in the case, including the plaintiff, the defendant, and the witnesses.
Lawyers
Litigation lawyers or solicitors commonly represent the parties of a civil court case. However, parties can choose to represent themselves, and on this occasion, they are known as party litigants.
The Parties
The parties are the people who have either started the civil court case or had it started against them.
The Clerk Of Court
The job of the clerk of court is to assist the judge/sheriff whilst also maintaining the court papers and other legal records.
The Court Officer
The court officer helps the court, they will show evidence to the rest of the court and instruct witnesses when it is their turn to give evidence.
The Public and The Press
The public can be occasionally banned from the courtroom, whilst the press is usually allowed to stay. If necessary, the press can be prevented from publishing material that can lead to the identification of the parties or witnesses involved.
Legal Advice:
It is important to seek legal advice before proceeding with a civil court case. A solicitor can help you understand the legal issues involved, the evidence you need to gather, and the best course of action for your case. Ideal litigation lawyers demonstrate the following qualities;
Expertise
Whether you’re being represented in a civil court case or another legal matter, it is essential that your litigation lawyer possesses a strong understanding of civil law and court procedures. They should be able to identify legal issues, research the law, and apply it to the case at hand. A litigation lawyer should also be able to analyse complex legal issues and develop effective strategies to handle them.
Communication
A litigation lawyer who is an excellent communicator will benefit any civil court case. They must be able to articulate legal arguments persuasively in both written and oral form, as they will need to write legal briefs, pleadings, and other legal documents, as well as present their case in court. But it’s not just a matter of being a good communicator in the courtroom, any good litigation lawyer should have strong interpersonal skills. It helps if they are able to build strong relationships with clients and can truly appreciate their duress in what might be a stressful legal matter.
Tenacity
A good litigation lawyer shouldn’t be a slouch; they need to be tenacious and persistent, willing to fight for their clients and never give up on a case. They should also be tenacious in terms of understanding the legal matter itself, with extra attention dedicated to identifying the small yet important details that can make a huge difference in any civil case. It also helps if they apply this tenacious mindset to thinking creatively and, when necessary, considering “outside of the box” ideas as unique solutions to legal problems.
Civil Court Proceedings:
Before starting a civil court case in Scotland, parties are encouraged to follow pre-action protocols. Pre-action protocols are a set of guidelines designed to encourage parties to communicate with each other and try to resolve disputes without going to court.
If pre-action protocols have been followed, and the dispute has not been resolved, the civil case will go to court. The proceedings go as follows;
Claims:
The claim form should include details of the parties involved, the facts of the case, and the remedy being sought. It is important to ensure that the claim is submitted within the time limits set by the court.
If you have been served with a claim, you must respond within the time limit set by the court. This is usually 21 days from the date the claim was served. You can either admit to the claim, deny the claim, or make a counterclaim. If you fail to respond, the court may enter a default judgment against you.
Interim applications:
During the course of a civil court case, either party may make interim applications to the court. These are applications for temporary orders or directions to be made while the case is ongoing. Interim applications can include applications for interim payments, interim interdicts (injunctions), or orders for the disclosure of evidence.
In Court
Proof is the hearing of evidence in court. In Scotland, civil court cases are heard by a judge and without a jury. The judge will hear the evidence from both parties and make a decision on the civil case. The court may allow the parties to make oral submissions, and may also allow expert witnesses to give evidence.
After hearing the evidence, the judge will make a decision on the civil case. This can take the form of a written judgment or an oral decision given in court. The court may also make orders for costs, such as ordering one party to pay the other party's legal costs.
If you are unhappy with the decision of the court, you may be able to appeal. The rules on appeals differ depending on the court and the type of case. It is always important to seek legal advice before appealing a decision, whatever the legal matter or area of law.
DJP Solicitors
Are you encountering a legal matter or area of law and need assistance? DJP Solicitors are highly skilled in civil court cases, with expert litigation lawyers on hand to help you navigate the terrain of your civil case. Whether you are stuck in a contract dispute or need help with property law, we can help, and even offer restricted fees and favourable packages to make our services accessible to those who need them most.
With our one-off fixed fee consultation package of £96, you can discuss your civil case with one of our litigation lawyers today, giving you the representation you deserve. Get in touch with us today.
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