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Civil Litigation

Our Civil Litigation department is led by partner, Sally McCartney.  Sally was admitted as a solicitor in 1997, joined the firm in 2003 and was assumed as a partner in 2009.  Sally has practiced solely in the areas of employment law, family law and litigation since 1998.

Civil Litigation covers all work required to raise (or defend) civil court actions in matters such as (but not limited to) personal, contract or property disputes; interdicts; evictions; personal injury and damages claims; and sequestration and liquidation proceedings.

The steps which may be involved:

  • Taking your instructions
  • Pursuing and considering contracts/titles/relevant documents
  • Providing initial advice
  • Negotiating settlement where possible
  • Raising court proceedings at the Sheriff Court either under Simple Procedure or the  Ordinary Cause Rules
  • If no defence is lodged a default judgement may be received
  • Attendance at court hearings
  • If the action is defended then a Proof (civil trial) will take place usually within 6 -12 months of the initial proceeding being raised.
  • Once decree is obtained enforcement action may require to be taken

If you would like our assistance with any civil litigation matter, we would charge for that work by reference to an hourly rate.  Our hourly rates are revised on 1st May each year, with Sally’s current hourly rate being £245 per hour plus VAT (currently 20%) broken down into £24.50 per 6-minute units or part thereof. Additionally, a charge of 5% of the total assessed fee, plus VAT, will be charged to cover posts and incidents.

Telephone calls will be charged at £24.50 per 6-minute unit or part thereof.

Letters will be charged at 1.25 units per page of 100 words or part thereof.

The drafting of Deeds and Court documents will be charged at 5 units per sheet of 200 words or part thereof.

Copying will be charged at £1.00 per page for the first copy of any document and 40p per page for each subsequent copy.

There will be a separate one-off charge of £25 plus VAT at 20% in respect of our gathering (and updating, where necessary), documentation to comply with the Anti-Money Laundering regulations and administrative matters when opening your file.

The number of hours spent on your case will be determined by the complexity and the unique circumstances of your case.  We will discuss the likely cost of your case with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in cost that may arise.  The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.  We will discuss what these may be at our initial meeting.

The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.

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