Sheriff simple procedure rules go out to consultation

A consultation on the new simple procedure in the sheriff court, which will replace small claims and summary cause procedure, was launched today.

The paper, by the Scottish Civil Justice Council (SCJC), covers the procedure for disputes with a value up to £5,000. Simple procedure is designed to be a speedy, inexpensive and informal procedure, usable by people who do not have legal representation to sort out problems such as disputes about faulty goods or workmanship. The rules have been drafted with the lay user in mind and are structured in a way that guides the reader through the process. Feedback is welcomed from the public and the legal profession.

It is in fact planned that there will be two sets of rules. As the paper explains, at an early stage a concern arose that the proposed user-friendly and straightforward approach to simple procedure did not fit well with more complex special forms of action, such as personal injury cases or actions for count, reckoning and payment. These require a more complex, case-flow approach which is incompatible with the case-managed approach of the core simple procedure that is designed to minimise the number of hearings required.

A separate set of rules will therefore be prepared for these actions, adopting the user-friendly style and approach of the core simple procedure rules but retaining some of the more complex procedures and mechanisms currently found in summary causes which are necessary to make these forms of action work successfully. These rules will be prepared by the SCJC with a view to coming into force at the same time as the Simple Procedure Rules.

Implementation of simple procedure is planned for the end of November 2016. A revised set of rules will be considered by the SCJC after taking account of the responses received.

Lord Carloway, the Lord Justice Clerk, who is currently chair of the SCJC, commented: “This is a significant consultation on a new civil procedure. The aim is to make access to the courts in lower value disputes easier for the public, in particular those who do not have legal representation.

“It is hoped that a strong response to the consultation is received from both members of the public and the legal profession. The Council will take account of the responses when finalising the rules for the new simple procedure.”

Click here to view the consultation. Responses are invited by Wednesday, 4 March 2016 and will be published on the SCJC website.