Tag Archives: Commercial Procedure

SFA v Craig Whyte Calls At Glasgow Sheriff Court This Week (On Conference Call)

Glasgow Sheriff Court has a very 21st century (or at least 20th Century) method of dealing with court actions under the Commercial Procedure. For disputes of a commercial nature, and if the pursuer in the action chooses to do so, there is a streamlined process designed to focus quickly on the issues in dispute and to reach a determination as quickly as possible.

This is achieved by having cases allocated to a particular Sheriff to take the dispute through all of its stages, and by having a procedural hearing (or Case Management Conference (CMC)) take place by conference call, rather than dragging lawyers from across the city or the country to the court to sit awaiting a slot in the diary.

Instead the nominated Sheriff assesses at an early stage what is in dispute in any case, and what each party is going to have to do to achieve victory. This can include the Sheriff pinning down solicitors as to the nature of a defence, or regarding witnesses to be called to court and the nature of the evidence they will give. The Sheriff can order production of expert reports and tell parties to have experts meet to clarify issues in dispute. Continue reading

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