When Should I Raise an Ordinary Cause Action in Scotland?

If you are involved in a serious dispute in Scotland, you may need to raise an ordinary cause action in the sheriff court. This kind of court action is often used when the dispute is too complex or of too high a value for a simple procedure or summary cause claims. Understanding the ordinary cause procedure can help you decide when court action may be necessary and what you should do.

At SGT Law Firm, we help people and families across Scotland to understand their rights under the ordinary cause procedure. If you need advice about a dispute, call our team on 0141 266 0652.

What Is an Ordinary Cause in Scotland?

An ordinary cause is a type of civil court case used in the sheriff court for higher-value or more complex disputes. The procedure in the sheriff court applies to cases of personal injury, family actions, debt recovery, property disputes and other actions where the court process is more detailed.

The ordinary cause procedure is governed by the Ordinary Cause Rules and Acts of Sederunt. These court rules explain how a pursuer makes a claim and how the defender can reply. Cases may also be taken to the Court of Session if the action involves more complex legal issues.

When Should You Raise an Ordinary Cause Action?

You should consider raising an ordinary cause action when the simple procedure is not suitable. This often occurs where the value of the claim exceeds the Simple Procedure limit or where the legal or factual points are complicated.

An ordinary cause action may also be appropriate where one or both parties disagree strongly about facts, liability, or payment of a sum. In many cases, the sheriff may grant orders to move the case forward if settlement discussions fail.

What Is an Initial Writ?

If the initial writ has been served on the defendant, the defendant may serve a notice of intention to defend. The defender may also submit defences within 14 days, depending on the type of case.

After a warrant of citation has been granted by the sheriff clerk, the pursuer must serve the initial writ on the defender. An officer of the sheriff usually serves the initial writ on the defendant, or it is sent by recorded delivery. Before the case can proceed, the proper service of the writ on the defendant is required.

What Happens After the Initial Writ Is Served?

Once the initial writ has been served on the defender, a notice of intention to defend may be filed by the defender. The defender may also lodge defences within 14 days, depending on the type of case.

Where no defence to the action has been lodged with the sheriff clerk, the pursuer’s solicitor may move the court for a decree. The court may issue an order requiring payment or another remedy.

Do You Need a Solicitor for an Ordinary Cause?

Although you can go to court without representation, many people seek legal advice because the court procedure is formal and technical. A solicitor can draft the initial writ and defences, explain court fees and appear for you in court at hearings.

Our team of solicitors at SGT Law Firm assist clients with ordinary cause actions. We help clients understand their options and defend the action where necessary. To speak with our team, contact SGT Law Firm or call 0141 266 0652.

What Is an Options Hearing?

An options hearing is an important stage in the court process where the sheriff will hear arguments from both sides. The sheriff considers whether the case can be settled, if more evidence is needed or if a procedural hearing should be set.

The sheriff may grant further orders to prepare the case for proof or further procedural hearings. In some cases, the sheriff may encourage parties to seek mediation instead of continuing the ordinary cause action.

Can You Get Legal Aid?

Depending on your finances and the type of dispute, some people may qualify for legal aid. You may also be able to get help from Citizens Advice, Advice Direct Scotland and money advice services before you go to court.

If you need legal advice about an ordinary cause action, including personal injury disputes, we can explain whether funding options are available.

What Happens If the Defender Admits the Debt?

If the defendant admits the debt, they can make a time to pay direction or a time to pay application. This enables the defender to pay off the debt over time, rather than all at once.

The sheriff will look at the defender’s financial circumstances and whether the plan to pay back is reasonable.

How Does the Scottish Courts and Tribunals Service Fit In?

The Scottish Courts and Tribunals Service manages the administration of Scottish courts and handles documents lodged through the sheriff clerk’s office. Documents lodged with the sheriff clerk must comply with the Ordinary Cause Rules.

The procedure used in the sheriff court is designed to make sure both parties have an opportunity to present their case fairly.

Should You Raise an Ordinary Cause Claim?

The ordinary cause procedure should be considered if your dispute includes significant financial loss, family disputes, breach of contract or personal injury matters that cannot be dealt with through simple procedure or summary cause.

It is important to seek legal advice from a solicitor experienced in Scottish courts before bringing a cause action. Our SGT Law Firm team can help you to understand if an ordinary cause action is the right option for your case.

Speak to SGT Law Firm Today

Are you thinking of pursuing an ordinary cause action in Scotland? Our team can assist you in understanding your options and next steps. Call SGT Law Firm on 0141 266 0652 to speak to one of our attorneys or use our website to book a consultation.