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Child Protection

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Civil Litigation

Livingstone Brown, as a firm, guides clients through a broad range of types of litigatory matters, and our solicitors appear daily in courts throughout Scotland.

Our firm is known for handling cases on a wide range of civil matters including: personal injury claims, medical negligence claims, contract disputes, commercial disputes, professional negligence claims, employment disputes, family actions, child custody and protection cases and adoptions, mental health law, guardianships/intervention orders, education appeals, other statutory appeals and appeals to the Court of Session. We routinely represent clients in tribunals and sheriff courts across Scotland, as well as in the Court of Session and the UK Supreme Court. Detailed information about the specific areas covered by our dedicated Practice Area Units can be found here: Our Legal Services | Livingstone Brown, Solicitors Glasgow.

Our solicitors have the skills and expertise to resolve civil disputes quickly and cost effectively, and are motivated to achieve the very best outcome possible for their clients. We pride ourselves on our ability to conduct an immediate and comprehensive analysis of the key elements of each case, and to provide concise, strategic, advice aimed at achieving the desired outcome. We also take time to discuss any alternative means of dispute resolution that might apply, such as interparty negotiations or mediation (which can save time and cost), with civil court action often being the last resort.

When, however, court proceedings are necessary to seek resolution of a civil dispute, our solicitors are adept at conducting all types of complex litigation within the framework of the procedural rules, and the requirements of law. We recognise that clients require to have a clear understanding of the risks and potential exposure to cost before embarking on litigation, and we offer clear advice about cost considerations from the outset of any civil dispute, whether you are pursuing or defending a civil claim. Our solicitors offer swift and concise advice on a full range of litigation matters, in order to provide clients with a clear understanding of both legal and practical issues relating to their case, and to allow them to make informed decisions about the path ahead.

Defending Court Actions

Being served with a court action can be extremely daunting. Often it is not immediately clear what you should do. Defending a court action always involves time limits within which you are required to take certain steps or to lodge certain court documents.

 

The time limits applicable to a court action and the documents which require to be lodged differ depending on the type of action which has been raised against you. There are different types of court action which follow a specific set of rules depending on the subject matter.

 

If you have been served with court papers then it is extremely important that you seek legal advice at the earliest opportunity. Defending a court action can be complex, and it is important to understand the type of action which has been raised and what your next steps ought to be. For these reasons, it is advisable you seek the assistance of an experienced solicitor.

 

 

Contact us

 

If you are involved in, or are considering raising, a civil court action, contact our reception team on 0141 429 8166 or complete our online enquiry form

Third Party Interventions

Our Specialist Litigation Team is highly experienced in third-party interventions, acting for professional bodies, government and public interest organisations, charities, and political parties. Third party interventions allow those who with a stake in key legal principles to assist the court on meaningful issues, ensuring broader perspectives are heard.

Often cases which give rise to third party interventions involve significant areas of law or public policy which require judicial examination. Third party interventions can play a vital role in shaping the law, especially in cases of public interest or constitutional significance. Our team is skilled in assessing whether intervention is appropriate and is equipped to advice on legal impact, procedure, and strategy—often in high-profile and time-sensitive matters.

The team’s experience spans across all court forums, but it is particularly adept at conducting third party interventions in matters which are before the UK Supreme Court. We work closely with clients to ensure their views are effectively represented, providing clear, strategic guidance throughout.

Contact our Specialist Litigation Team   

If you or your organisation is considering an intervention in a case of public importance, contact our Specialist Litigation Team on 0141 429 8166 or complete our online enquiry form

Public Inquiries 

Our Specialist Litigation Team has significant experience advising and representing clients involved in complex public inquiries, both in Scotland and UK-wide. Public inquiries often involve sensitive issues of critical public importance, interest, and concern, and require a careful, strategic approach rooted with a forensic understanding of both the legal framework, and the topic or subject matter to which the inquiry relates.

Usually, the main functions of a public inquiry is to establish (a) what happened; (b) why did it happen and who is to blame; and (c) what can be done to prevent this from happening again in the future. Whilst we cannot turn back time, the primary purpose of a public inquiry is often to prevent reoccurrence.

A public inquiry is commissioned at the request of a Government Minister and can take the form of a non-statutory inquiry (which offers greater flexibility as to procedure or form) or a statutory inquiry (which is commissioned under the Inquiries Act 2005 and governed by the Inquiry Rules 2006 and has greater legal powers to compel the production of documents or attendance of witnesses).

Public inquiries differ from traditional court litigation, and the approach required is inquisitorial in nature, as opposed to adversarial. However, public inquiry work still requires the same skills of a litigator – thorough investigation and critical analysis of large volumes of evidence, the preparation of oral and written submissions, and strategic advice which takes account of wider public interest considerations and repercussions.

Our Specialist Litigation Team brings exactly that: a client-focused, analytical approach, coupled with a strong commitment to protecting our clients' interests in what can often be emotionally and reputationally challenging circumstances.

Where clients are asked to give evidence or seek to participate in a public inquiry, our team is equipped to offer immediate and practical advice, and to guide them through the process. This can include the preparation or review of written witness statements, offering support in the provision of oral evidence, advising on disclosure obligations, managing PR concerns, and ensuring full compliance with procedural directions. Our team can also provide crisis management support where necessary, and can liaise directly with inquiry legal teams and counsel where appropriate.

We are proud to have played a role in a number of major public inquiries to date, including our most recent involvement in the UK-wide Post Office Horizon IT Inquiry where we acted on behalf of core participant (a subpostmaster) and sought to represent the Scottish experience of the Post Office Horizon IT scandal. This instruction demonstrated the team’s ability to handle high-profile, multi-party proceedings, often under intense media and governmental scrutiny.

The Specialist Litigation Team has also been instructed in a number of other public inquiries in recent years, including the COVID-19 Inquiries (both Scotland and the UK) with Stuart Munro also giving evidence on behalf of the Law Society for Scotland.

In the Scottish Child Abuse Inquiry, the firm assisted witnesses to provide evidence in cases of profound sensitivity, and the team’s work in the Scottish Hospitals Inquiry has involved supporting witnesses in preparing for and giving evidence in difficult circumstances.

Contact our Specialist Litigation Team   

If you, your organisation, or someone you represent is involved in a public inquiry, we can advise you from the outset to ensure you are fully informed and appropriately represented. Contact our Specialist Litigation Team on 0141 429 8166 or complete our online enquiry form

Misconduct and Regulatory Proceedings

Our Specialist Litigation Teams has significant expertise in misconduct and regulatory proceedings, regularly advising and representing professionals and organisations across diverse sectors. These cases often involve alleged breaches of professional standards or regulatory requirements, and the team has an acute ability to navigate this highly specialised area of law.

Professional misconduct proceedings can have serious consequences, such as suspension; removal from a professional register; or, indeed, reputational damage. The team is equipped to react quickly by assessing the particularities of the case and by providing clear advice on rights, procedures, risks, and potential outcomes. Our team is frequently instructed in urgent, time-sensitive matters where swift action is critical.

We have a strong track record in complex regulatory and disciplinary cases, including securing interim relief and appearing before disciplinary panels and courts. As well as defending misconduct allegations, we also advise on compliance and risk management strategies to help prevent regulatory breaches. At every stage, we deliver clear, strategic guidance and robust representation in order to seek to protect our clients’ interests and professional standing.

Contact our Specialist Litigation Team   

If you or your organisation is facing regulatory proceedings or misconduct allegations, contact our Specialist Litigation Team on 0141 429 8166 or complete our online enquiry form

Cases arising from the Post Office Horizon IT Scandal

What began as a concealed technical failure in the Horizon IT system installed by the Post Office became the UK's largest miscarriage of justice. Livingstone Brown remains committed to the fight for justice by supporting those affected in Scotland by the Post Office Horizon IT Scandal.

Our Specialist Litigation Team is uniquely placed to advise clients affected by the scandal in Scotland, having successfully represented one of the first subpostmasters to have her conviction overturned in the criminal appeal court in Scotland and having represented the Scottish experience in the Post Office Horizon IT Public Inquiry. Since then, the team has been intrinsically involved in seeking compensation for those in Scotland who have suffered loss at the hands of the Post Office.

If you or someone you know was criminally convicted on the basis of faulty Horizon IT evidence or affected in any way by the scandal, you may be entitled to compensation.

There are number of compensation schemes run by the Post Office and UK Government which, depending on how you were impacted, could help in ensuring your recompense, including:

  • Horizon Shortfall Scheme & Horizon Shortfall Scheme Appeals
  • Horizon Conviction Redress Scheme

Horizon Shortfall Scheme & Horizon Shortfall Scheme Appeals

The Horizon Shortfall Scheme (formerly known as the Historical Shortfall Scheme), was created by the Post Office as a means of compensating those subpostmasters who repaid financial discrepancies shown by faulty versions of the Horizon IT system which was installed in branch.

If you have required to reimburse Post Office as a result of experiencing shortfalls and discrepancies with the Horizon IT system, you may be able to make a claim for compensation of your losses through the Horizon Shortfall Scheme.

Similarly, if you have already settled your claim under the Horizon Shortfall Scheme, you may still be eligible to appeal your settlement and seek greater compensation under the new Horizon Shortfall Scheme Appeals process which is administered by the UK Government’s Department of Business and Trade.

Horizon Convictions Redress Scheme

The Horizon Convictions Redress Scheme was established following the enactment of the Post Office (Horizon System) Offences Act 2024 and the Post Office (Horizon System) Offences (Scotland) Act 2024 (commonly known as the ‘mass exoneration legislation’) which enables those criminally convicted due to reliance on faulty Horizon IT evidence to have their criminal convictions quashed without the requirement of seeking to appeal to the criminal appeal court.

Those who have had their convictions quashed by this mass exoneration legislation are thereafter eligible to claim financial compensation for the losses associated with their wrongful convictions under the Horizon Conviction Redress Scheme which is administered by the UK Government’s Department of Business and Trade.

Contact our Specialist Litigation Team   

We are invested in the fight for justice for subpostmasters in Scotland. Our solicitors take time and care to identify and pursue the most effective legal remedy for subpostmasters who have suffered loss or hardship at the hands of the Post Office. 

Eligibility requirements and deadlines do, however, apply, so contact our Specialist Litigation Team without delay on 0141 429 8166 or complete our online enquiry form

About us

Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.

If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.

Case Studies

Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.

The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.

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