Civil litigation
Bringing a claim against another person or business through the courts, from the summons to preparing the matter for trial.
What we handle
We act for clients who need to bring a claim through the courts by way of summons. Our work covers each formal step of the action:
- Drafting the summons and particulars of claim
- Issuing the summons at court
- Delivering the issued summons to the sheriff for service
- Considering the defendant’s plea and drafting a reply
- Serving the reply on the defendant’s attorney and filing it at court
- Drafting, issuing and filing requests for further particulars
- Drafting and filing a notice requesting discovery of documents
- Drafting, serving and filing a notice of bar when the other party does not plead in time
Throughout the matter we explain what each step means for you, what the other side is likely to do next, and what we need from you.
What to bring to a first meeting
Bring what you have. If something is missing, we can usually get it later.
- Your identity document, or the company's registration documents if you are claiming for a business
- Any contract, agreement, quote or invoice that the claim is about
- Letters, emails and WhatsApp messages between you and the other party
- Any letter of demand you have sent or received
- The other party's full name, address and, if you have it, their ID or registration number
- A short timeline of what happened, in your own words
How it runs
- 01
Summons
We draft the summons and particulars of claim, issue them at court, and deliver the issued summons to the sheriff, who serves it on the other party.
- 02
The defendant's plea
If the other party defends, they must deliver a plea within the time the court rules allow. If they do not, we serve a notice of bar, which gives them a final short period to plead.
- 03
Reply
We go through the plea with you. Where it is needed, we draft a reply, serve it on the defendant's attorney and file it at court.
- 04
Particulars and discovery
We request further particulars where the other side's case is unclear, and ask them to discover their documents, so both sides know the case they have to meet before trial.
Questions people ask
How long does a civil claim take?
It depends on whether the other party defends the claim and how busy the court is. We give you a realistic estimate at the first meeting and keep you updated as the matter moves.
Which court will my claim be heard in?
Mostly this depends on the amount you are claiming. Smaller claims go to the Magistrates' Court and larger claims to the High Court. We will advise you which court applies to your claim. [CHECK WITH FIRM]
Do I need to send a letter of demand first?
In most cases a letter of demand is sent before a summons is issued, and sometimes it resolves the matter without going to court. We will tell you whether it is needed in your case. [CHECK WITH FIRM]
What will it cost?
We explain how our fees work, and what the other costs of a court case are likely to be, before we start any work. [CHECK WITH FIRM]