Yes – Roddy Dunlop, advocate
Both the Court of Session and many local sheriff courts have specialist commercial courts, with experienced judges and procedures designed to ensure swift and efficient disposal of commercial disputes. Any transaction or dispute of a business nature can be dealt with in these courts, although the case must be worth at least £100,000 for the Court of Session. Case management, procedural flexibility and judicial specialism means that the commercial procedure is a popular and effective means of dispute resolution.
Maybe – Colin Borland, director of devolved nations, Federation of Small Businesses
Scottish courts have an outstanding reputation. Indeed, the rule of law and an impartial judiciary form the cornerstone of any solid trading environment. But, for many smaller businesses, the matter is academic. Full-blown court action is rarely an affordable or desirable means of resolving their disputes, especially when seeking redress from a big customer or supplier. That’s why FSB campaigns for smaller firms to have access to practical methods of getting business rows sorted out.
Yes – Tracy Black, director, CBI Scotland
Stability and rule of law is one of the things that makes Scotland a great place to do business. We have a courts system overseen by experienced, skilled judges and supported by a first class legal sector. Commercial proceedings also tend to be less costly in Scotland than other parts of the UK. The defining characteristic of our courts system is a tendency towards pragmatism – resolving ambiguities by placing them in a real-world commercial context – which can be helpful to business.
Yes – Sheila Webster, partner, Davidson Chalmers Stewart
The Scottish court system can, in most circumstances offer an excellent forum for UK business to resolve disputes. The Commercial Court in both the Court of Session, for claims over £100,000, and in (some) Sheriff Courts, for claims above £5,000, is a truly modern forum. They are judge-led, efficient, flexible, creative and far less of a blunt object than traditional court procedure. The most significant disadvantage of the Scottish courts for businesses is that recovery of expenses can be more limited than in other jurisdictions.
Maybe – Graham Boyack, director, Scottish Mediation
The courts can be a good place for businesses to resolve disputes but they could be a lot better. There are some cases where going to court will cost more than the value of dispute which for many businesses will mean they won’t seek resolution. Scottish Mediation think that if mediation was used as an integral part of the court process it could help bring resolution at an earlier stage saving businesses both time and money.
Yes – Neeraj Thomas, Of Counsel, CMS
The high-profile decision in the Brexit case, upheld by the Supreme Court, underlines that the Scottish courts operate as a separate legal jurisdiction from England and Wales. The Scottish Courts offer an excellent forum to seek the resolution of prominent, complex disputes, such as enforcing IP rights. Whilst no legal system is perfect, our IP court offers a rights-holder friendly forum allowing for quick, cost-effective resolution of disputes. This is evidenced by the ability to seek interdicts (injunctions) without notice, limited disclosure obligations and cheaper cost courts.
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