Halliday Campbell WS understand that a court action is a disruption to a business as much as it is a legal problem. It takes management time, it carries cost, and it sits on the balance sheet until it is resolved.
Whether you are bringing a claim or defending one, this page sets out how a commercial action runs in Scotland, what we do at each stage, and what it is reasonable to expect.
§ What We Provide
We provide.
I
A view on the merits before you commit
Before an action is raised we tell you what we think the claim is worth, what it is likely to cost to pursue, and what the realistic outcomes are. If the answer is that the claim should be settled or dropped, we say so. That advice is worth considerably more to a business than an optimistic one.
II
Conduct of the action from end to end
We draft the pleadings, handle the procedural steps, deal with the agents on the other side, and appear in court or instruct counsel where the case calls for it. You are told what is happening and why, and you are asked for a decision only when there is genuinely a decision to make. Call us Monday to Friday, 9am to 5pm on 0131 668 3000 or 07548 109550.
III
Interim protection where it is needed
Some cases are decided by what happens in the first fortnight. Halliday Campbell WS advise on interdict, arrestment on the dependence, inhibition and the other interim orders that hold a position or protect an asset while the substantive action is decided.
IV
Settlement treated as an outcome, not a failure
Most commercial actions settle. We negotiate, we use tenders and pursuers’ offers where they will put real pressure on the other side, and we advise on mediation and the other forms of alternative dispute resolution. The aim is the best commercial result, not the longest proof.
§ What To Expect
What to expect.
A commercial action in Scotland follows a settled pattern. Knowing the shape of it in advance makes the decisions along the way easier to take, and it makes obvious where the cost is going and why.
Most disputes begin with correspondence. A properly drafted letter setting out the claim, the basis for it and what is sought will often produce a settlement, or at least narrow the dispute, before an action is raised at all. Where it does not, it becomes the foundation of the pleadings.
If an action is raised, the early stages are procedural. The pleadings are adjusted, documents are recovered, and the court fixes a timetable. Commercial actions in the Court of Session are actively case managed, which keeps them moving but also front loads the work. Call Halliday Campbell WS on 0131 668 3000 to talk through the timetable.
The stages of a commercial action
- Pre-action correspondence and the letter of claim
- Raising the action and service on the defender
- Adjustment of pleadings and preliminary pleas
- Recovery of documents and disclosure
- Procedural hearings and case management
- Tenders, offers and negotiation
- Debate on the legal issues, or proof on the facts
- Decree, expenses and enforcement
What we need from you at the outset
- The contract, the correspondence, and anything else agreed between the parties
- A chronology of what happened and when
- The figures, and how the loss has been calculated
- Anything already said to the other side in writing
- Your commercial objective, which is not always the largest sum
§ Fees and Funding
What it costs.
Halliday Campbell WS charge for the time spent on your matter at published hourly rates. The cost of an action is a commercial input like any other and it should be capable of being budgeted, so we give you an estimate once you have given us enough detail for it to be accurate, and revise it as the action develops.
How work is charged
- Time based charging at published hourly rates
- Time recorded and charged in units of six minutes
- Separate rates for solicitors and for paralegals
- All rates quoted exclusive of VAT
- Court fees, sheriff officers, advocates and experts charged on as outlays
- No legal aid work, and no free initial advice
Expenses in Scotland generally follow success, so a party that loses an action will usually be found liable for a proportion of the other side’s costs. That exposure is part of the decision to litigate and we will quantify it for you before an action is raised, not after. Our hourly rates are published in full and there is no free initial consultation.
§ Common Questions
Questions answered.
Should I raise an action or try to settle?
Usually you do both. A properly drafted letter of claim settles a great many commercial disputes, and where it does not it becomes the basis of the pleadings, so the work is not wasted either way. We will tell you what we think the claim is worth and what pursuing it will cost, so the decision can be taken as a commercial one. Call Halliday Campbell WS on 0131 668 3000 to discuss it.
How long does a commercial action take?
It depends on the court, on the complexity, and on how much of the claim the other side actually disputes. A straightforward action for payment can be concluded in months. A commercial action in the Court of Session that runs all the way to proof will usually take considerably longer. We give you a timetable at the outset and revise it as the action develops.
What will it cost?
We charge for the time spent on your matter at published hourly rates, recorded in units of six minutes and quoted exclusive of VAT. Court fees, sheriff officers and any advocate or expert instructed are charged on as outlays. We also quantify your exposure to the other side’s expenses if the action is unsuccessful, because that is part of the same decision. Ask us for an estimate, or call 0131 668 3000.
Do you act for defenders as well as pursuers?
Yes. A great deal of our work is defending commercial actions, and the early advice is much the same either way: what is the claim actually worth, where are the weaknesses in it, and what is the cheapest sound way out of it. If you have been served with a summons or an initial writ, do not let the period for defending expire. Call us Monday to Friday, 9am to 5pm.
I have been served with a court document. What now?
Check the date on it and call us. Court documents carry strict periods for responding, and a decree granted in absence because nobody entered appearance is difficult and expensive to have recalled. Halliday Campbell WS are open Monday to Friday, 9am to 5pm on 0131 668 3000 or 07548 109550.
Are matters handled confidentially?
Yes. Everything you discuss with Halliday Campbell WS is treated in strict confidence and is protected by legal professional privilege. Commercial disputes often turn on information a business would not want in the open, and we will advise you on what does and does not become public if an action is raised.
§ Contact