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Litigation in Aberdeen covers disputes that require a court or tribunal to resolve a legal issue. In Scotland most civil disputes begin in the Sheriff Court, with Aberdeen Sheriff Court serving the city and surrounding area. More complex or high value civil cases may proceed in the Court of Session in Edinburgh. Criminal cases are prosecuted by the Crown Office and Procurator Fiscal Service, with trials heard in local courts. Aberdeen has a strong energy, maritime, construction, and property sector, so local litigation often involves commercial contracts, professional negligence, construction defects, personal injury, employment issues, landlord-tenant matters, and debt recovery. Scots law governs litigation in Aberdeen, which has its own court structures, procedures, and time limits that differ from other parts of the UK.
You may need a litigation solicitor if you are in a dispute that negotiation alone cannot resolve. Common situations include contract disputes between businesses, unpaid invoices and debt recovery, professional negligence by advisers or contractors, construction defects or delay claims, personal injury after a road traffic accident or workplace incident, property and boundary disputes, landlord-tenant disagreements including eviction and repair claims, defamation and online reputation issues, disputes with insurers over policy coverage, and judicial review of public body decisions. A lawyer can assess the merits, preserve evidence, advise on time limits, send a pre-action letter, negotiate settlement, pursue or defend a court action, and seek urgent orders such as interim interdicts to stop harmful conduct. In criminal matters, an accused person should seek a criminal defence solicitor immediately to protect their rights and navigate interviews, bail, and trial.
Scots law provides the framework for litigation in Aberdeen. Most civil cases start in the Sheriff Court using different procedures depending on the claim type and value. Simple procedure is for claims up to 5,000 pounds and is designed to be accessible for individuals and small businesses. Ordinary cause handles higher value or more complex civil cases in the Sheriff Court. Commercial actions use a streamlined commercial procedure overseen by a specialist sheriff. The Court of Session hears the most complex or high value cases and manages group proceedings class actions and judicial reviews. Personal injury cases of certain types and values may be raised in the All-Scotland Sheriff Personal Injury Court.
Time limits are strict. Personal injury claims commonly have a 3-year limitation period from the date of injury or the date of knowledge. Many contractual and delict negligence obligations prescribe after 5 years under the law of prescription, with special rules for when the clock starts and a long-stop period that can bar older claims. Different time limits apply to specific areas such as defamation and product liability. You should seek advice early to avoid a claim becoming time-barred.
Before raising court proceedings parties usually exchange information and try to settle. Pre-action protocols or guidance exist for certain case types, particularly personal injury and professional negligence, to encourage early resolution. Alternative dispute resolution such as negotiation, mediation, expert determination, and arbitration is widely used. Arbitration in Scotland is governed by the Arbitration Scotland Act 2010 and may be required if your contract contains an arbitration clause.
Costs in Scotland are called expenses. The general rule is that the unsuccessful party may be ordered to pay a proportion of the successful party’s expenses, but the court retains discretion. For personal injury, Qualified One-Way Costs Shifting limits the circumstances in which a successful defender can recover expenses from an unsuccessful pursuer. Funding options include private funding, legal expenses insurance under home or business policies, legal aid for eligible cases administered by the Scottish Legal Aid Board, and success fee arrangements sometimes referred to as no-win-no-fee subject to Scottish regulations.
Evidence in Scottish civil cases is managed through pleadings and the recovery of documents procedure rather than broad US-style discovery. The court can grant commissions and diligence to recover documents and can order witness evidence and expert reports. Urgent interim remedies such as interim interdict or arrestment on the dependence may be available to protect your position while the case proceeds.
If you obtain a decree judgment and the other side does not pay, Scottish diligence enforcement methods include charge for payment, bank arrestment, earnings arrestment, attachment of non-essential goods, inhibition against heritable property, and other court-authorised measures enforced by messengers-at-arms and sheriff officers.
Most civil cases in Aberdeen are heard in Aberdeen Sheriff Court. Simple procedure is used for claims up to 5,000 pounds. Ordinary cause handles more complex or higher value claims. Some specialist matters and the most complex or high value civil cases go to the Court of Session in Edinburgh. Certain personal injury cases may be raised in the All-Scotland Sheriff Personal Injury Court.
Personal injury claims are commonly subject to a 3-year limit from the date of the accident or date of knowledge. Many contract and negligence claims prescribe after 5 years. There are exceptions and long-stop rules that can bar claims after a longer period. Employment claims have separate tribunal time limits, often 3 months less one day. Always seek advice promptly because calculating time limits can be complex.
Costs vary with complexity, court, and the work involved. Court fees are payable to the Scottish Courts and Tribunals Service. As a general rule, the unsuccessful party may be ordered to contribute to the successful party’s expenses, though the court has discretion and may award only a portion. In personal injury cases, Qualified One-Way Costs Shifting means pursuers usually do not pay the defender’s expenses if they lose unless certain exceptions apply, such as fraud or unreasonable conduct.
You can represent yourself as a party litigant. Simple procedure is designed to be user-friendly for claims up to 5,000 pounds. Even so, legal advice can help you assess merits, prepare documents, and present your case. For higher value or complex cases, professional representation is strongly recommended.
Courts expect reasonable attempts to resolve disputes before litigation. Some pre-action protocols or guidance apply in certain areas, especially personal injury. Mediation or early negotiation can save time and expense. The court can encourage or pause cases to allow settlement discussions.
Your solicitor prepares and lodges the claim with the court and arranges service on the defender. The defender usually has a set period often around 21 days to respond. The court will fix procedural steps and hearings to manage the case, including a timetable for documents, witness lists, and expert evidence. Many cases settle after defences are lodged and evidence is exchanged.
The court can grant interim interdicts to stop harmful conduct, interim orders to preserve property or funds, arrestment on the dependence to secure assets, and other protective measures. These can sometimes be sought on an urgent basis if you can show a prima facie case and a need for immediate protection.
If the defender does not comply voluntarily, enforcement can include charge for payment, arrestment of bank accounts, earnings arrestment through an employer, attachment of certain goods, and inhibition over heritable property. These steps are carried out by officers of court known as messengers-at-arms and sheriff officers.
A solicitor is your first point of contact and handles case preparation, negotiation, and most court appearances. A solicitor advocate is a solicitor with extended rights of audience in the higher courts. An advocate is a specialist court practitioner who is usually instructed by a solicitor for complex hearings, particularly in the Court of Session.
Civil legal aid is available for eligible clients and cases through the Scottish Legal Aid Board, subject to financial and merits tests. Many personal injury and some other civil cases can be funded by success fee agreements no-win-no-fee or by legal expenses insurance under home or business policies. Your solicitor will assess funding options at the outset.
Scottish Courts and Tribunals Service SCTS - Information on court locations, fees, forms, and procedures for the Sheriff Court and Court of Session.
Aberdeen Sheriff Court and Justice of the Peace Court - Local venue for civil and criminal cases with practical information on lodging documents and attending hearings.
Court of Session - Scotland’s supreme civil court handling complex and high value cases, judicial review, group proceedings, and appeals.
Law Society of Scotland - Regulator and professional body for solicitors with a find a solicitor service and guidance on working with your lawyer.
Scottish Legal Aid Board - Information on eligibility for civil and criminal legal aid and how to apply through a solicitor.
Citizens Advice Scotland - Free, confidential guidance on consumer, debt, housing, employment, and court processes, including simple procedure.
Scottish Mediation - Information about mediation services and finding accredited mediators across Scotland.
Faculty of Advocates - Professional body for advocates specialist court practitioners in Scotland.
Chartered Institute of Arbitrators Scotland Branch - Guidance on arbitration and finding qualified arbitrators for commercial disputes.
Society of Messengers-at-Arms and Sheriff Officers - Information on enforcement of court decrees and diligence procedures.
Act quickly to protect your position. Check any immediate deadlines and avoid taking steps that could harm your case. Gather and keep all relevant documents, emails, contracts, photos, invoices, medical records, and notes of conversations. Write down a clear timeline of events and what outcome you want. Speak to a litigation solicitor regulated by the Law Society of Scotland, ideally with Aberdeen experience in your dispute type. Ask about merits, likely timescales, risks, and funding options including legal aid, insurance, and success fee arrangements. Your solicitor will help you send a pre-action letter, explore settlement and mediation, and raise protective proceedings if a time limit is approaching. If court action is required, respond to all deadlines, follow your solicitor’s advice on evidence and witnesses, and attend hearings as directed. Keep communication open and review settlement opportunities throughout, since many cases resolve before trial.
