Simple Procedure Scotland Guide
A comprehensive guide to using the Simple Procedure in Scottish courts for claims up to £5,000
What is Simple Procedure?
Simple Procedure is Scotland's court process for resolving disputes worth up to £5,000. It replaced the Small Claims and Summary Cause procedures in November 2016, designed to be quicker, easier, and more accessible to people without legal representation.
When to Use Simple Procedure
Claim Value Limits
- Claims up to £5,000
- No minimum claim value
- Interest can be claimed on top of the principal amount
Types of Claims
- Payment of money owed
- Delivery of goods
- Return of hired goods
- Breach of contract
- Faulty goods or services
- Personal injury (up to £5,000)
The Simple Procedure Process
Step 1: Complete the Claim Form
Fill out the Simple Procedure Claim Form, including:
- Your details (claimant)
- Respondent's details (person/business you're claiming against)
- What you're claiming for
- The amount you're claiming
- Why you believe they owe you money
Step 2: Pay the Court Fee
Court fees for Simple Procedure in Scotland:
- Claims up to £300: £21
- Claims £300.01 to £1,500: £88
- Claims £1,500.01 to £5,000: £124
Step 3: Submit to Court
Submit your claim to the sheriff court closest to where the respondent lives or does business. The court will send the claim to the respondent.
Step 4: Respondent's Reply
The respondent has 21 days to reply. They can:
- Admit the claim and arrange payment
- Dispute the claim
- Make a counterclaim
- Do nothing (you can request a decision in your favor)
Step 5: Discussion in Court or Hearing
If the claim is disputed, the court may arrange a Discussion in Court (informal meeting) or a Hearing where both sides present their case to a sheriff.
Step 6: Decision
The sheriff will make a decision and issue an order. If you win, the respondent must pay the amount specified, usually within a set timeframe.
Timelines
Important Tips
Keep all evidence: Contracts, receipts, emails, photos, and correspondence
Try to resolve first: Attempt to settle the dispute before going to court
Be organized: Present your case clearly with chronological documentation
Consider legal advice: While not required, getting advice can help strengthen your case
Related Guides
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Important Notice
This guide provides general information about Simple Procedure in Scotland. It is not legal advice. For specific guidance on your situation, consider consulting a solicitor or the Scottish Courts and Tribunals Service.