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Litigation law refers to the rules and practices involved in resolving disputes in the court system. In Glasgow, litigation can encompass many different types of legal disputes, ranging from personal injury cases to property disputes or breaches of contract. The courts in Glasgow follow the broader framework of Scottish law but there might be local practices or traditions that can also be relevant.
While you are technically allowed to represent yourself in court, the procedures and legal standards can be complex and challenging to navigate. A lawyer is trained to understand and interpret the law, and can help ensure that your interests are best represented. You might need a lawyer if you are being sued, if you wish to sue someone else, or to provide advice on legal rights, obligations and potential risks. In commercial matters, a lawyer can provide crucial guidance on contract terms, and deal with issues such as debt recovery, insolvency, or disputes with suppliers or customers.
Scotland has a unique legal system, different from other parts of the UK. Its rules on evidence, procedure, and the right to appeal are all distinct. For litigation, the most relevant courts in Glasgow are the Sheriff Court and the Court of Session. Sheriff Courts deal with most civil and criminal cases, using different procedures depending on the nature of the claim. The Court of Session is the highest civil court in Scotland and hears more complex or high-value cases. The ‘loser pays’ rule generally applies to litigation and means that the losing party could be liable to pay the winning party's legal costs.
Most cases start with an initial claim or complaint, followed by an answer from the other party. This usually leads to a period of 'discovery', where each party investigates the others' claim and defends their own. If no settlement is reached, the case proceeds to trial. If not satisfied with the verdict, either party can usually appeal to a higher court.
The length of litigation largely depends on the complexity of the case, the court’s calendar, and the parties' willingness to settle. Some cases might conclude in a few months, while others can take several years.
In many situations, parties prefer to avoid the time, costs, and uncertainty of a court proceeding. Alternative dispute resolution processes like mediation or arbitration can be viable options. Your lawyer can advise you on the most suitable route for your situation.
Costs usually include court fees, attorney fees, and expenses for gathering evidence. If you lose the case, you might also be ordered to pay the other party’s costs.
Relevant experience in your type of dispute, a strong track record, excellent communication skills and a transparent approach to costs are some key factors to consider when choosing a litigation lawyer.
The Law Society of Scotland, Citizens Advice Scotland, and the Scottish Legal Aid Board can provide helpful resources and guidance. These organizations offer a range of services, including directories of solicitors, advice on legal procedures, and assistance with legal costs for eligible individuals.
If you believe you need legal assistance in a litigation matter, it's important to seek help promptly. You can search the Law Society of Scotland's database to find a solicitor in Glasgow who specializes in litigation. Remember to gather all relevant documents and evidence relating to your case. Most solicitors offer an initial consultation, which can help you understand the potential costs, timescales, and outcomes of your case.
