The sheriff courts have had to decide whether they intend to adapt their approach and procedure so as to preserve - some might argue reclaim - their role in commercial dispute resolution.  If the Courts are not prepared to provide and accessible, efficient and effective forum for commercial dispute resolution, others will.  The growth of arbitration, mediation and, in construction disputes, adjudication, evidences this.  The Act of Sederunt (Ordinary Cause Rules) Amendment (No.3) (Commercial Actions) 2000 has been drafted to meet the requirements of commercial litigants.

The full article is published in the February 2001 edition of

THE

JOURNAL

OF THE LAW SOCIETY OF SCOTLAND

EXECUTIVE SUMMARY :

• Sheriffs preserving their role in commercial dispute resolution.

• Definition of commercial claim deliberately wide.

• Commercial procedure not obligatory.

• Sweeping powers for sheriff to achieve expeditious resolution.

• Expectation of experienced practitioners attending court ?

John McCormick highlights the salient features of an Act of Sederunt introducing a bespoke procedure for commercial actions in certain commercial courts