Scotland now has a new set of rules, forms and standard orders for claims of up to £5,000 that are aimed at making it easier for individuals and businesses to resolve disputes in the sheriff court. The new process, termed the simple procedure, has been designed to be more accessible and user-friendly than its predecessors (the small claims and part of the summary cause procedures), hopefully providing greater access to civil justice for those looking to settle matters of a low monetary value.

Here we provide a brief overview of the new simple procedure as well as links to key information offered by the Scottish Courts and Tribunal Service. If you are currently involved in a dispute and require more detailed and thorough legal advice that is tailored to your unique circumstances, please contact our specialist civil claims solicitors.

Background

The new simple procedure has been drafted by the Scottish Civil Justice Council. The body was set up following a wide-ranging review of the civil court system in Scotland (the Scottish Civil Courts Review (SCCR) which reported back in 2009). It has been tasked with making recommendations on how the Scottish civil justice system can be developed and improved, as well as being responsible for drafting civil procedure rules that govern the way civil claims proceed through the courts (such as those recommended by the SCCR and taken forward by the Scottish Government in the Courts Reform (Scotland) Act 2014). It is also subject to guiding principles, such as that the civil justice system be fair, accessible and efficient, and that the rules that apply to procedure and practice be as clear and easy to understand as possible.

What is the new simple procedure?

At its most basic, the new simple procedure sets out the process for resolving claims made in the sheriff court where the value of the dispute does not exceed £5,000. (If the claim is worth more than this, it will need to follow the ordinary cause procedure.) The following five principles (found in the Act of Sederunt (Simple Procedure) 2016 SSI 2016/200) apply, which both the parties and the sheriff who decides the case must respect:

• Cases are to be resolved as quickly as possible, at least expense to parties and the courts.
• The approach of the court to a case is to be as informal as is appropriate, taking into account the nature and complexity of the dispute.
• Parties are to be treated even-handedly by the court.
• Parties are to be encouraged to settle their disputes by negotiation or alternative dispute resolution, and should be able to do so throughout the progress of a case.
• Parties should only have to come to court when it is necessary to do so to progress or resolve their dispute.

The sheriff hearing a claim is granted wide-reaching powers aimed at ensuring the case is properly managed and proceeds according to these principles. To that end, they have the power to decide a case without a hearing, or to dismiss a claim (or any part of it) if it’s obvious there is no real prospect of success or it is incompetent.

How do I make or respond to a simple procedure claim?

Making a claim involves completing a claim form detailing the identities of the parties and (if there are any) witnesses, the essential facts of the dispute, the remedy sought, why the claim should succeed, a list of documents or other evidence and the steps already taken to attempt reach a resolution. Once complete, the form needs to be sent to the relevant sheriff court, along with the correct fee. If there are no problems with the form, it will be registered and the claimant sent a timetable giving deadlines for when the form must be formally served on the respondent and the last date when the respondent can reply (usually three weeks after service).

If you are formally served with a claim, you need to complete and send a response form by the specified deadline to both the claimant and the court. You have three options: admit the claim and settle before the deadline; admit the claim and ask the court for time to pay; or, dispute all or part of the claim. It’s also possible to detail the identities of any individuals or businesses you think should also be served with the claim, as well as listing any documents, evidence or the identity of witnesses that support the response. Once received, the response will be registered. What happens next depends on whether the claim is admitted or disputed, in whole or in part. 

As part of the commitment to accessibility, details of the new simple procedure, including how to make or respond to a claim, and what happens next, have been made readily available on the Scottish Courts and Tribunals website (available here, where you will find links to relevant guidance, claim and response forms, local sheriff court websites, information on representatives and courtroom supports, and details on court fees).

Do I need a lawyer?

The short answer is no – the new procedure has been designed so a claim can be resolved in court in a way that is ‘speedy, inexpensive and informal’, so the parties may either represent themselves or have representation. But although there’s no requirement to use a lawyer, claims can be unpredictable and have unforeseen consequences. A solicitor can help avoid or mitigate any unwelcome developments by using their skills and expertise to help you identify the issues and assess what the likely outcome will be. They can also guide you through the process and provide assistance or representation if you need to attend court.

Contact Our Litigation Lawyers Glasgow

At Miller Samuel Hill Brown, our litigation team hosts some of the leading lawyers in the field of civil claims, providing knowledgeable and commercial legal advice and representation in all manner of disputes. If you would like to speak to our team about a potential dispute, or are concerned about whether or not your claim is capable of being raised in the courts, contact our team today.