22 December 2016

On the 28 November 2016 the Sheriff Court Small Claims and Summary Cause procedures were replaced with a new Simple Procedure. This new procedure is to be used for financial claims up to £5000 or where specific implement is sought.

The Sheriff’s First Written Orders can:

1. refer parties to Alternative Dispute Resolution(“ADR”)
2. arrange a case management discussion (meeting between the parties and the Sheriff with the aim of discussing the claim)
3. arrange a hearing (which will be the final hearing on the evidence)
4. if the Sheriff thinks that a decision could be made without a hearing, indicate that the Sheriff is considering doing so,
5. use the Sheriff’s powers to dismiss a claim, or decide a case as having no real prospect of success, or that the claimant’s case or the respondent’s response are incompetent.

The Rules and Forms for Simple Procedure have “been designed with the party litigant in mind”. This is nothing new as party litigants were always encouraged to raise and defend small claims cases in the past. In practice, solicitors will continue to represent individuals and commercial clients in court actions raised under the new Rules. What is new is the spirit of the new Rules to maximise the use of electronic communications between parties and the Court.

The online portal by which Simple Procedure cases are to be managed has been delayed and the latest update is that it should be available from early 2017. The concept of an online portal is to be welcomed but it is a development which is likely to take some time to bed in (for solicitors, parties and court staff alike).

Whilst the Rules and Forms are drafted in a manner to provide step by step guidance, it will remain to be seen whether the Courts are prepared to take a stronger line with a party litigant’s compliance with the Court rules and the strength of their claim or defence. That is something that will need to be enforced if the new procedure is to speed up the process and to provide cost effective dispute resolution. Should that not occur, we may find that cases default to a case management discussion – in effect a First Calling under the existing procedures.

The judicial expenses that may be awarded under the Simple Procedure broadly reflect those that may be awarded under the existing procedures, with the exception that there will be no award of expenses for claims under £200.

Contact: David Young Partner dyo@bto.co.uk T: 0141 221 8012