How to sue someone in the Scottish courts

If an insurance company won’t settle your personal injury case, and we consider that you have a good chance of winning, then we will advise you to raise a Court action.

We have all the relevant Scottish expertise and knowledge to guide you on taking this step.

We can advise you on how to fund a Scottish Court action. We operate on a no win no fee basis. We can obtain insurance to protect you in relation to the other side’s legal costs if you lose and we can also explore Legal Aid.

We shall advise you in which Court the action should be raised. Scotland is fortunate to have a specialist Personal Injury Court (The All Scotland Sheriff Personal Injury Court). Specialist Judges hear the cases, and we bring hundreds of cases every year in that Court.

If your case is valued at more than £100,000, then it can be brought instead in The Court of Session. Similarly, we litigate regularly there and have expertise and working knowledge of all the relevant procedures and rules.

Sometimes we will instruct an in-house Solicitor Advocate to work on your case with your solicitor. We also regularly instruct Advocates and QCs (Senior Counsel) from The Faculty of Advocates. A Solicitor Advocate or Advocate will work on your case along with your own solicitor. We consider the best approach on a case by case basis to ensure that you have the best possible representation for the particular circumstances of your own case.

In very general terms, a Court action takes around 12 months from start to finish. It is of course open to the defender to settle your case at any point along the way, and sometimes a case can resolve shortly after a Court action has been commenced. A small number of actions are however fully defended and proceed to the final Hearing. Every case is different and we will guide you all the way. If a settlement offer is made, we shall provide full advice on what you should do.

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Call our personal injury claims team free on 0808 560 0872
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Allan McDougall

With you every step of the way.

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What our clients say

I want to thank Steven Blacklaws for everything he has done. He always made me feel validated for the hurt I was feeling. Something that no one in my work ever did. I will forever tell people of the amazing work you do and let them know how caring and compassionate you have been. I went through the worst time in my life and you always assured me you would do your best to make this right and you did. So thank you, from the bottom of my heart, just thank you.
A.C.
I would like to thank Mr Gordon Milligan for his professionalism. I really appreciated the personal touch. 100% professional throughout. No one could ask or expect service like that! I was really impressed from start to finish. Thank you.
S.F.
Stephen Irvine, I can't thank you enough for everything you have done for me. I would never have imagined getting the settlement I did, and it was all thanks to you. A bit of a difference compared to the amount i was originally offered!
D.L.
Fiona Fraser gave us amazing support after I was in a car accident with my daughter. She checked in with us as soon as she found out to see if we were ok and arranged to get information to start our claim. Fiona kept me informed at all stages of the process and always gave great advice on what to do next.
L.M.

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