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Choice of Forum • Why choose Sheriff Court over Court of Session or Vice Versa • Because you have to:- • Statutory Limits – Court of Session - only available for causes exceeding £5000 (s7 Sheriff Courts (Scotland) Act 1907) – Sheriff Court ordinary action – £5001 + – Summary cause - £3001 to £5000 (s35(1) Sheriff Courts (Scotland) Act 1971) – Small claims – up to £3000 (Small Claims (Scotland Order 1988) – All sums are exclusive of interest and expense • Exclusive Jurisdiction
Choice of Forum • When to litigate in the Court of Session – Factors to Consider • Specialist courts and judges • Commercial procedure (not available in every Sheriff Court) • Availability of remedy e.g. positive interim orders • Employment of Counsel • Timing • Cost • Location • Client attitude
Page 1 and 2: ILG - Seminar Court Procedures, Rul
Page 3: Choice of Forum • Range of option
Page 7 and 8: Which Procedure • Court of Sessio
Page 9 and 10: Overview of Key Procedures: Court o
Page 11 and 12: Court of Session Ordinary Procedure
Page 13 and 14: Overview of Key Procedures: Commerc
Page 15 and 16: Overview of Key Procedures: Commerc
Page 17 and 18: Court of Session: Choice of Procedu
Page 19 and 20: Overview of Key Procedures: Sheriff
Page 21 and 22: Overview of Key Procedures: Sheriff
Page 23 and 24: Sheriff Court Commercial Action: Po
Page 25 and 26: Procedural Options - tactical consi
Page 27: Combining the experience, resources

Slides - Law Society of Scotland

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