Ordinary Action Solicitors Glasgow
When a dispute is worth more than £5,000, or you need an order such as an interdict, the case usually goes through an ordinary action in the sheriff court. Our litigation solicitors in Glasgow raise and defend ordinary actions across Scotland, guide you through every stage and look for a sensible settlement along the way.
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Ordinary action lawyers in Glasgow
An ordinary action, also called an ordinary cause, is the standard court procedure in the sheriff court for larger and more complex civil cases. It follows the Ordinary Cause Rules 1993, which are set out in the Sheriff Courts (Scotland) Act 1907 and updated by Act of Sederunt. It is more formal than simple procedure, which deals with claims of up to £5,000. Simple procedure replaced the old small claims and summary cause procedures in 2016.
Ordinary actions are used for claims for payment over £5,000, and for other remedies such as interdicts, declarators and orders to carry out an obligation. The sheriff court deals with most claims of up to £100,000, and larger claims can also be raised in the Court of Session. Defended family law cases, such as a disputed divorce, also proceed as ordinary causes. We act for individuals and businesses, whether you are raising an action or defending one.
The action is usually raised in the sheriff court for the area where the defender lives or has a place of business, because that court has jurisdiction. Personal injury claims can also be raised in the All Scotland Sheriff Personal Injury Court in Edinburgh, and some other matters use a quicker summary application instead.
Ordinary actions in Scotland at a glance
- Claims over £5,000 and most non money remedies use ordinary procedure.
- The case starts with an initial writ lodged at the sheriff court.
- Defending: a notice of intention to defend must be lodged within the period of notice, usually 21 days.
- Court fees from 1 April 2026: £176 to lodge an initial writ and £160 to lodge a notice of intention to defend.
- Most cases settle before a full hearing of the evidence.
Raising or defending an ordinary action
If you are raising an action
- we check your cause of action, your evidence and any time limits
- we try to settle first, with a formal letter of claim
- we draft the initial writ setting out your case
- we arrange service on the other side
- we take the case through to decree and enforcement
If you are defending an action
- check the date the period of notice ends straight away
- we lodge a notice of intention to defend in time
- we prepare and lodge your written defences
- we explore settlement or a counterclaim where it helps
- we represent you at every hearing
If you have received court papers, do not ignore them. If no notice of intention to defend is lodged in time, the pursuer can ask for decree in absence, which can then be enforced against you. Read our guide to defending a court action.
Received an initial writ, or need to raise one?
Call 0141 433 2626 or book a free consultation. We will explain where you stand and the deadlines that apply.
The ordinary cause procedure, step by step
The initial writ
The pursuer, the person raising the action, sets out the facts and the legal basis of the claim in an initial writ, with the orders sought set out in the crave. It is lodged at the sheriff court with the court fee, and the court grants a warrant to serve it.
Service and the period of notice
The writ is served on the defender, usually by recorded delivery or by sheriff officers. The defender then has a period of notice, usually 21 days after the date of service, to lodge a notice of intention to defend. The period is 42 days where the defender lives outside Europe. In some cases, the writ must also be intimated to other interested people, a step known as intimation.
Defences and adjustment
If the action is defended, written defences are lodged. Both sides then have a period to adjust their written pleadings, so that the points really in dispute become clear.
The options hearing
The sheriff considers the pleadings and decides how the case should proceed. This may be a proof, where evidence is heard, a debate on the legal arguments, or a proof before answer, which deals with both.
Proof and decree
At a proof, witnesses give evidence and the sheriff then makes a decision, known as a decree. If the losing party does not comply, the decree can be enforced. Either side may be able to appeal to the Sheriff Appeal Court.
Settlement is possible at any stage, and most ordinary actions are resolved before a proof. Some sheriff courts, including Glasgow, also have a commercial action procedure for business disputes, which is more closely managed by the court.
Costs and expenses in an ordinary action
From 1 April 2026, the court fee is £176 to lodge an initial writ and £160 to lodge a notice of intention to defend. Further court fees are due at later stages, such as for each day of a hearing, and there may be sheriff officer and expert witness fees.
In an ordinary action, the losing party is usually ordered to pay a share of the winning party’s legal costs, known as expenses. The amount recovered is set by court rules and is rarely the full cost, so it is important to weigh up the likely costs and benefits before going to court. We will give you an honest assessment at the start. Please note that we do not offer legal aid.
How long does an ordinary action take?
An undefended action can be concluded within a couple of months. A defended action that goes all the way to a proof often takes a year or more, depending on how complex it is and how busy the court is. Many cases settle much sooner, once both sides have seen the strength of the other’s case.
Alternatives to court
Court is not always the best route. Negotiation and mediation can resolve a dispute faster and at lower cost, and the sheriff will expect the parties to have considered settlement. Find out more about mediation before court action and our wider dispute resolution services.
Remember that time limits apply. Most claims for payment in Scotland are lost if they are not pursued within five years. Read more about time limits for legal disputes in Scotland.
Court proceedings in Scotland follow Scots law and Scottish civil procedure, which differ from the rest of the UK, so it is important to take advice from a solicitor who knows the sheriff court rules.
Why choose Simplicity Legal for your ordinary action?
- An experienced litigation team in the sheriff court
- Honest advice on the strength of your case and the likely cost
- Early settlement where it serves you better than a hearing
- Plain English updates at every stage
- Regulated by the Law Society of Scotland
Contact our ordinary action solicitors in Glasgow
Whether you need to raise a court action or have been served with one, the sooner you take advice, the more options you have. Call 0141 433 2626 or request a callback, and one of our litigation solicitors will be in touch. We also have offices in Edinburgh and Dumfries. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.
Read more about commercial litigation and debt recovery.
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Address
34 Woodlands Road
Glasgow
G3 6UR
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