Monday start for simple procedure

Solicitors are reminded by Scottish Courts & Tribunals Service that from Monday 28 November 2016 the simple procedure replaces the current small claims procedure and part of the summary cause procedure.

The new court process is designed to provide a speedy, inexpensive and informal way to resolve disputes where the monetary value does not exceed £5,000. Initially applying to actions for payment, delivery or for recovery of possession or actions which order someone to do something specific, more complex forms of action will be brought within the procedure during 2017.

Court rules have been designed with the party litigant in mind, using accessible language and incorporating user-friendly guidance.

The simple procedure rules, forms and support information are now available on the "Taking Action" section of www.scotcourtstribunals.gov.uk.

Summonses lodged on or after Monday 28 November 2016 will require to be lodged under simple procedure. However on that Monday, all courts and tribunals in Scotland will be closed for the St Andrew's Day holiday.