The Act of Sederunt (Simple Procedure) 2016 provides rules of court, forms and a set of standard orders for the simple procedure which will replace the small claims procedure for cases which have a value of £5,000 or less in the sheriff court. It comes into force on 28 November 2016.
Simple Procedure is designed to be a swift, inexpensive and informal process, usable by people who do not have legal representation, to sort out problems about matters of lower monetary value.
It will be more accessible to the public and include:
- terminology explained in easy to understand language
- user-friendly headings, framed as questions
- flow charts to show how the process works.
Council Chair, the Rt. Hon. Lord Carloway said: “The simple procedure has been designed with the party litigant in mind, using accessible language and incorporating user-friendly guidance into the rules.”
The new procedure will be available online via a digital Integrated Case Management System (ICMS) being introduced by the Scottish Courts and Tribunals Service (SCTS).
More information about ICMS is available on the SCTS website.
The Council supports digital innovation and accessibility to civil justice and has worked closely with the ICMS team to ensure that its rules, forms and orders are compatible with the new system - while also continuing to be available in paper format.
The Simple Procedure (Special Claims) Rules, which will replace the remaining special chapters in the summary cause procedure, including housing and personal injury, will be implemented in time for the beginning of the legal year in 2017.
For more information, contact vmacgregor@scotcourts.gov.uk.