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Aberdeen sits within the Scottish legal system, which is distinct from the systems in England and Wales and Northern Ireland. If you are involved in a lawsuit or dispute in Aberdeen, Scots law and Scottish courts will generally apply. Civil disputes cover many areas, including contract and commercial disagreements, debt recovery, property and boundary issues, landlord-tenant matters, building and construction defects, personal injury and clinical negligence, professional negligence, consumer problems, defamation, and more.
Most civil cases start in the Sheriff Court. Aberdeen Sheriff Court handles local disputes using procedures designed to be proportionate to the value and complexity of the case. Higher value or complex matters may proceed in the Court of Session in Edinburgh. Many disputes settle before a final hearing using negotiation, mediation, or other forms of alternative dispute resolution.
You may need a solicitor when a dispute has financial, legal, or reputational risk, or where strict time limits and procedural steps apply. Common situations include a serious breach of contract, a customer or contractor not paying, a defective building project, a neighbour or boundary disagreement, a landlord-tenant dispute about deposits, repairs, or eviction, a road traffic accident or workplace injury, a medical treatment that went wrong, a professional adviser making an error that caused loss, an unfair publication harming your reputation, or a consumer purchase that is not as described.
A lawyer can assess the strength of your position, preserve and gather evidence, draft effective pre-action correspondence, negotiate settlement, choose the correct court and procedure, meet deadlines, instruct experts, apply for urgent protective orders such as interim interdicts, and guide you on costs, funding, and risk. Early advice often prevents problems from escalating and helps you avoid expensive mistakes.
Court structure in Aberdeen: Most civil cases start in Aberdeen Sheriff Court. Simple Procedure is used for straightforward claims up to £5,000 such as consumer and debt matters. Ordinary Cause procedure is used for higher value or more complex cases. The Sheriff Appeal Court hears many civil appeals from Sheriff Courts. The Court of Session in Edinburgh handles the most complex or high value claims and has jurisdiction over group proceedings. There is also a specialist All-Scotland Sheriff Personal Injury Court for many personal injury claims.
Time limits: Scots law has strict time limits. Personal injury claims usually must be raised within 3 years of the date of the accident or the date you reasonably became aware of significant injury and the responsible party. For children, the 3-year period generally runs from their 16th birthday. Defamation claims generally have a 1-year limit. Many contract, debt, and negligence claims are subject to a 5-year prescriptive period, after which the right is extinguished. Some claims are subject to long stop periods that can bar claims after a fixed number of years regardless of knowledge. These rules are technical and exceptions may apply, so you should seek advice as early as possible.
Pre-action conduct and ADR: Before raising proceedings, parties are expected to exchange information and try to resolve disputes. There are voluntary and in some areas compulsory pre-action protocols, particularly in personal injury. Mediation is encouraged by Scottish courts, and arbitration is available under the Arbitration Scotland Act 2010. In construction disputes, adjudication offers a rapid interim decision process.
Expenses and funding: The general rule is that the unsuccessful party pays a contribution toward the successful party’s expenses, subject to the court’s discretion. In Simple Procedure, expenses are often limited. In personal injury cases, Qualified One-Way Costs Shifting can protect claimants from paying the defender’s expenses except in defined situations such as fraud or unreasonable conduct. Funding options include private payment, legal expenses insurance, success fee agreements, damages based agreements, and in some cases civil legal aid administered by the Scottish Legal Aid Board.
Remedies and enforcement: Courts can award damages, declarators, specific implement orders, and interdicts. If you obtain decree and the other side does not pay, Scots law provides enforcement methods known as diligence, including charges for payment, earnings arrestment, bank arrestment, inhibition over heritable property, and attachment of non-essential goods. Urgent protective steps may include caveats to ensure you are notified before interim orders are granted, and diligence on the dependence to secure assets while a case is ongoing.
Evidence and case preparation: Success in a dispute often turns on contemporaneous documents such as contracts, emails, photographs, and invoices, together with witness statements and expert reports where technical issues arise. The Scottish rules of evidence and procedure require focused pleadings and reliable disclosure of material documents.
Most civil claims begin in Aberdeen Sheriff Court. Simple Procedure is used for straightforward claims up to £5,000. Higher value or complex cases use Ordinary Cause. Some personal injury actions can be raised in the All-Scotland Sheriff Personal Injury Court. The Court of Session deals with the most complex or high value cases and group proceedings.
Simple Procedure is a streamlined process for claims up to £5,000 designed to be accessible and cost effective. It is commonly used for consumer disputes, unpaid invoices, and minor property damage. The court encourages settlement and may hold case management discussions to focus the issues.
Time limits vary. Personal injury claims generally have a 3-year time limit. Defamation claims generally have a 1-year limit. Many contract and negligence claims are subject to a 5-year prescriptive period. Some claims have long stop periods. Act quickly and seek advice to avoid missing deadlines.
You are expected to act reasonably before litigating and to consider alternative dispute resolution. Mediation is not always mandatory, but courts can take conduct into account when awarding expenses. Many cases settle through negotiation or mediation.
Costs depend on complexity, evidence, and how the other party behaves. The successful party usually recovers a contribution to expenses, but rarely all costs. In Simple Procedure, expenses are often limited. Personal injury claimants may benefit from Qualified One-Way Costs Shifting. Your solicitor can give a budget and discuss funding options.
Keep the contract and any variations, emails, texts, letters, photographs, videos, invoices, receipts, delivery notes, expert reports, and notes of meetings or calls. In injury cases, secure medical records, accident reports, witness details, and evidence of loss. Preserve originals and create a timeline.
Yes. The court can grant interim interdicts to stop certain conduct and interim orders to preserve assets. You can also lodge caveats in the Sheriff Court and Court of Session to ensure you are notified before the court makes interim orders against you.
Most civil cases in Scotland are decided by a sheriff or judge without a jury. Jury trials are possible in certain Court of Session cases, often in personal injury or defamation, but they are not the norm.
If payment is not made after decree, you can use diligence to enforce. Options include arresting bank funds, arresting part of earnings, placing an inhibition over heritable property, or attaching goods. The process must follow strict legal steps and often benefits from a solicitor’s guidance.
Yes in many cases, but jurisdiction and service rules are complex, especially if the defender is elsewhere in the UK or overseas. The rules depend on the contract terms, where the harmful act occurred, and consumer protections. Early legal advice is important.
Aberdeen Sheriff Court - for local civil court proceedings and queries about processes and scheduling.
Court of Session - Scotland’s supreme civil court for complex and high value cases and group proceedings.
Scottish Courts and Tribunals Service - guidance on court processes, forms, fees, and procedure.
Scottish Legal Aid Board - information on eligibility and how to apply for civil legal aid.
Law Society of Scotland - find a regulated solicitor experienced in litigation and dispute resolution.
Citizens Advice Bureau Aberdeen - initial guidance on consumer, debt, housing, and employment issues.
Scottish Mediation - information about mediation and how to find a mediator.
Advisory, Conciliation and Arbitration Service ACAS - free guidance on employment disputes and early conciliation.
First-tier Tribunal for Scotland Housing and Property Chamber - for many housing and landlord-tenant applications.
Financial Ombudsman Service and other sector ombudsmen - free dispute resolution routes for certain consumer and financial complaints.
Act promptly. Diarise any potential deadlines, especially if injury, defamation, or a contract breach is involved. Delay can jeopardise your rights.
Preserve evidence. Keep all documents and communications, take photographs, secure witness details, and avoid deleting anything. Do not post about the dispute on social media.
Seek early legal advice. Contact a Scottish solicitor with litigation experience in the relevant area. Ask about case strategy, prospects, timescales, and costs.
Discuss funding. Explore legal expenses insurance on home or business policies, success fee or damages based agreements, and whether you qualify for civil legal aid.
Use pre-action steps. Your solicitor can prepare a clear letter of claim or response, request disclosure, and explore settlement and mediation.
Consider urgent protections. Where appropriate, lodge caveats and seek interim interdicts or diligence on the dependence to protect your position.
Prepare for litigation if needed. Choose the correct forum and procedure, identify and instruct experts, and comply with court timetables and directions. Keep your solicitor updated on any new information.
Review settlement opportunities. Many cases resolve through negotiation or mediation on terms that are quicker and more predictable than a final hearing. Make sure settlement agreements are clearly documented and enforceable.
This guide offers general information about lawsuits and disputes in Aberdeen under Scots law. It is not a substitute for legal advice tailored to your circumstances. If you think you have a claim or need to defend one, contact a qualified Scottish solicitor as soon as possible.
