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Litigation in Aberdeen operates under the law of Scotland and is managed through the Scottish civil and criminal court systems. Most civil disputes in the city start in Aberdeen Sheriff Court, with the Court of Session in Edinburgh handling the most complex or high-value civil cases. Aberdeen has a strong commercial landscape driven by energy, marine, construction, technology, and professional services, so disputes here often involve commercial contracts, professional negligence, employment, property, construction, and personal injury. While many matters settle through negotiation or alternative dispute resolution, the courts provide a structured route to resolve disputes when agreement is not possible.
Litigation is the process of enforcing or defending legal rights through the courts or tribunals. It can include pre-action correspondence, court pleadings, evidential preparation, interim orders such as interim interdicts, hearings, trial, and enforcement of decrees. In Scotland, legal costs are called expenses, procedures have distinctive Scottish rules, and time limits for bringing claims can be strict. Local solicitors in Aberdeen are regulated by the Law Society of Scotland and can guide you through the process efficiently.
You may need a litigation solicitor in Aberdeen if you are facing any of the following situations:
You are owed money for goods or services, or you need to defend a debt claim. You have suffered injury in a road traffic accident, workplace accident, medical treatment, or a public place and want to seek compensation. You are involved in a contract dispute about quality, delay, non-payment, misrepresentation, or termination. You have a dispute about construction or engineering works, including adjudication, arbitration, or court proceedings. You face a property or housing issue such as repairs, landlord-tenant disputes, rent arrears, eviction, or boundary disagreements. You believe you received negligent professional advice from an accountant, surveyor, architect, engineer, or solicitor. You want to protect your reputation from defamation or malicious publication. You need an interim remedy such as an interim interdict to stop someone doing something, or a court order for recovery of documents. You are involved in an employment dispute about unfair dismissal, discrimination, wages, or contracts. You need to enforce or challenge a court decree or tribunal decision, or recover assets in Scotland.
A solicitor can assess your legal position, manage pre-action protocols, gather and preserve evidence, advise on venue and jurisdiction, negotiate settlement, represent you in court or tribunal, and advise on funding options including legal aid where available.
Courts and tribunals in or relevant to Aberdeen: Aberdeen Sheriff Court deals with most local civil and criminal cases. Civil claims are raised under Simple Procedure for claims up to £5,000, Ordinary Cause for higher value claims, and specialist Commercial actions for business disputes. The Court of Session in Edinburgh handles complex or high-value civil actions, judicial review, and group proceedings. The All-Scotland Sheriff Personal Injury Court in Edinburgh hears many personal injury claims from across Scotland, including Aberdeen cases. The Sheriff Appeal Court hears many civil and summary criminal appeals from Sheriff Courts. The High Court of Justiciary is Scotland’s supreme criminal court. The First-tier Tribunal for Scotland has specialist chambers such as the Housing and Property Chamber which handles many private renting disputes that used to be in Sheriff Court. Employment Tribunals operate UK-wide, with cases from Aberdeen usually heard in Scotland.
Claim types and procedures: Simple Procedure is designed for straightforward claims up to £5,000 with a focus on access to justice and settlement. Ordinary Cause procedure applies to higher value or more complex Sheriff Court cases. Commercial actions in Sheriff Courts and in the Court of Session use streamlined rules to manage business disputes efficiently. Construction disputes often move quickly through statutory adjudication, with potential follow-on arbitration or court proceedings. Pre-action protocols apply in some areas such as personal injury, with voluntary protocols in areas like clinical negligence and professional negligence that are often adopted in practice.
Time limits to sue: Personal injury claims usually have a 3 year limitation period from the date of injury or your date of knowledge. Most contract and negligence claims are subject to a 5 year negative prescription, with a 20 year long-stop, under the Prescription and Limitation legislation in Scotland as amended. Defamation claims generally have a 1 year limit under modern Scottish defamation law. Judicial review usually must be brought within 3 months under the Courts Reform legislation, and without undue delay. Employment Tribunal claims typically have a 3 months minus 1 day limit, and you must start ACAS Early Conciliation before you lodge a claim. Time limits are technical and can be affected by discoverability, so take advice early.
Evidence and procedure: Scottish litigation relies on written pleadings, witness evidence, expert reports, and productions. There is no general English-style disclosure. Instead, recovery of documents is sought through a specification of documents and commission and diligence. Interim orders such as interim interdicts can be obtained urgently. Many hearings can be case managed with preliminary debates on legal issues and proofs for evidence.
Expenses and funding: In Scotland, the losing party usually pays a contribution to the successful party’s expenses, subject to the court’s discretion. Offers to settle, known as tenders, affect expenses if unreasonably refused. Qualified one-way costs shifting applies in many personal injury and death claims, limiting a successful defender’s ability to recover expenses against an unsuccessful pursuer, subject to exceptions such as fraud or abuse of process. Funding options include private funding, legal expenses insurance, success fee agreements under the Civil Litigation legislation, and civil legal aid administered by the Scottish Legal Aid Board depending on eligibility.
Alternative dispute resolution: Mediation and negotiation are strongly encouraged and can be ordered by the court in some commercial cases. Arbitration in Scotland is governed by the Arbitration (Scotland) Act 2010. Statutory adjudication is available for many construction contracts, providing a quick temporary-binding decision.
Enforcement in Scotland: If you obtain a decree or judgment, enforcement methods include charge for payment, earnings arrestment, bank arrestment and action of furthcoming, inhibition over heritable property, and attachment of moveable property. Time to pay directions and orders may assist debtors to repay in instalments while avoiding harsh enforcement. Cross-border enforcement within the UK and internationally is possible under specific regimes and should be planned with your solicitor.
Most civil cases start in Aberdeen Sheriff Court. Smaller claims up to £5,000 use Simple Procedure. Higher value or complex cases use Ordinary Cause or Commercial rules. Certain specialist cases go to tribunals, for example private renting disputes in the Housing and Property Chamber. Large or complex civil claims, judicial review, and group proceedings are heard in the Court of Session. Many personal injury cases can be raised in the All-Scotland Sheriff Personal Injury Court, even if the accident happened in Aberdeen.
Time limits are strict. Personal injury claims usually must start within 3 years. Contract and negligence claims typically prescribe after 5 years, with a 20 year long-stop. Defamation is usually 1 year. Judicial review is usually 3 months. Employment Tribunal claims are usually 3 months minus 1 day and require ACAS Early Conciliation first. There are exceptions and complex rules about when the clock starts, so seek advice promptly.
Mediation is not always mandatory in Scotland, but courts expect parties to act reasonably to resolve disputes and may encourage or order mediation in some cases. In commercial actions judges actively case manage and may direct ADR. Settlement talks can occur at any stage. A solicitor can help you choose between negotiation, mediation, adjudication, arbitration, or court proceedings.
Expenses depend on case complexity, court level, and whether experts are required. The general rule is that the unsuccessful party pays a contribution to the successful party’s expenses, but this is not automatic and the court retains discretion. In personal injury, qualified one-way costs shifting often protects pursuers from paying defenders’ expenses if they lose, subject to exceptions. You may recover only a portion of your legal spend even if you win. Ask for a costs-benefit analysis at the outset.
Simple Procedure is a streamlined process for resolving straightforward civil claims up to £5,000 in the Sheriff Court. It aims to be accessible and encourages settlement. Documents are simplified and hearings are typically informal compared to other procedures. Deadlines are short, and you usually must respond within a few weeks of service, so act quickly if you are served with a claim.
Many procedural hearings can be conducted by video or telephone, subject to the court’s directions. Proofs and evidential hearings may be in person or hybrid. If you are anxious about attending, discuss reasonable adjustments and remote options with your solicitor as early as possible.
Scotland has its own rules, courts, limitation and prescription periods, terminology, and expenses regime. There is no general disclosure, and document recovery uses specifications and commissions. Many housing disputes go to a specialist tribunal. Costs are called expenses, and offers to settle are called tenders. Make sure any legal advice is from a solicitor qualified in Scots law.
Often yes. Jurisdiction depends on factors such as where the contract was performed, where the harmful event occurred, or where the defender is domiciled. Many consumer and employment claims have protective jurisdiction rules. Your solicitor will assess the correct forum and whether Aberdeen Sheriff Court, the Court of Session, or another venue is appropriate.
After a charge for payment, common diligences include earnings arrestment, bank arrestment, inhibition over heritable property, and attachment of non-essential moveables. If the defender is outside Scotland, cross-border enforcement procedures may apply. Enforcement should be proportionate and strategically planned to maximise recovery.
Bring a timeline of events, relevant contracts, emails and letters, invoices and statements, photographs, medical records if applicable, details of witnesses, insurance policies that might cover legal expenses, and any deadlines you are aware of. Also bring any court papers or tribunal notices you have received so your solicitor can assess immediate time limits.
Scottish Courts and Tribunals Service - information on courts, tribunals, and procedures across Scotland.
Aberdeen Sheriff Court and Justice of the Peace Court - local venue for most civil and criminal cases in Aberdeen.
Court of Session - Scotland’s supreme civil court handling complex and high-value cases, judicial review, and group proceedings.
All-Scotland Sheriff Personal Injury Court - specialist court for personal injury claims from across Scotland.
Law Society of Scotland - regulator and professional body for Scottish solicitors, with a find-a-solicitor service.
Scottish Legal Aid Board - administers civil and criminal legal aid in Scotland.
Scottish Mediation - national body promoting mediation and offering access to mediators.
First-tier Tribunal for Scotland - Housing and Property Chamber for private renting disputes including rent arrears, evictions, and repairs.
ACAS - provides guidance and Early Conciliation for employment disputes before Employment Tribunal claims.
Scottish Legal Complaints Commission - handles complaints about legal services provided by Scottish legal practitioners.
Citizens Advice Scotland and local Aberdeen Citizens Advice - free, confidential guidance on legal and consumer issues.
Assess urgency. Note any deadlines such as a 3 year personal injury limit, 5 year prescription for many obligations, 1 year for defamation, 3 months for judicial review, or 3 months minus 1 day for many employment claims. If you have been served with court papers, there may be short response deadlines, often around 21 days or less, so act immediately.
Preserve evidence. Keep contracts, correspondence, invoices, photographs, CCTV, accident reports, and medical records. Do not alter or delete material. Avoid discussing the dispute on social media.
Seek early legal advice. Contact a solicitor regulated by the Law Society of Scotland with litigation experience in Aberdeen. Ask about strategy, prospects, venue, timescales, and expenses. If you have legal expenses insurance, notify your insurer promptly and ask about panel requirements.
Consider funding. Discuss private billing, success fee agreements, before-the-event or after-the-event insurance, and eligibility for civil legal aid. Request a clear fee proposal and regular updates.
Follow pre-action steps. Your solicitor may draft a letter of claim, engage with pre-action protocols where applicable, and explore negotiation or mediation to resolve the dispute efficiently.
Issue proceedings if needed. If settlement is not achievable or limitation is approaching, your solicitor will raise the action in the appropriate court or tribunal and seek interim remedies if required, such as an interim interdict or recovery of documents.
Prepare for hearings. Work with your solicitor to finalise pleadings, witness statements, expert evidence, and productions. Be responsive to requests and court timetables.
Plan enforcement and settlement. Evaluate realistic outcomes and the defender’s ability to pay. Consider tenders and settlement options at key stages. If you obtain a decree, plan enforcement diligently and proportionately.
If in doubt at any stage, take advice early. Early intervention can preserve your rights, reduce costs, and improve your negotiating position in Aberdeen’s courts and tribunals.
