The new Simple Procedure Rules in the Sheriff Courts came into force today, which replace Small Claims and Summary Cause procedures for low value claims of up to £5,000.
The Simple Procedure has been designed with the party litigant in mind and is envisaged as a speedy, inexpensive and informal way to resolve disputes.
Key changes
- No more legal jargon – in order to make the new rules more user-friendly, the Rules have been drafted in plain language. The Rules have been purposefully drafted in a question and answer style and read as a "how to" guide.
- Flow charts have been provided to show how the process works.
- Front-loaded procedure – there is more of an onus on the parties to submit detailed claim forms and responses, along with submitting documentation and lists of witnesses as early in the process as possible. The Respondent (the new name for a Defender) may also have a shorter period to lodge a more complete response than under previous rules.
- More onerous process of enforcement – the time period for obtaining and enforcing a decision from the court has increased under the new rules. The successful party now must wait at least 4 weeks from the decision before it can be enforced. If a decision is for payment of money, enforcement may take up to 2 months from the decision.
- No automatic first hearing – the court timetable is issued prior to defences being lodged and will simply provide a last date for service and last date for response. No hearing is fixed when a claim form is received.
- Emphasis on Alternative Dispute Resolution ("ADR") – ADR is encouraged where suitable and Sheriffs should actively explore this option. Sheriffs may determine the best method of resolving an action at a Case Management Discussion ("CMD"). CMDs are flexible alternatives to court hearings which can take place in various forms including in a courtroom, by video conferencing and by conference call. CMDs allow the Sheriff to discuss the claim and response with the parties, to clarify any of the Sheriff's concerns and even decide a case.
- Enhanced Sheriff Roles – Summary Sheriffs now have an enhanced role in the fixing of procedures. If a claim is disputed, the Sheriff can refer parties to ADR, arrange a CMD, arrange a hearing or even dismiss or decide a case without a hearing. Sheriffs can also provide written directions to parties prior to hearings.
- Online Portal – The introduction of a new online portal will allow cases to be managed online and allow for an easier exchange of documents. The portal is not yet operational and is likely to be introduced in early 2017. The new Simple Procedure Rules do not presently cover some specific types of claims such as personal injury actions, claims for financial provision and maintenance on divorce, or actions for recovering heritable property. These will be subject to the Simple Procedure (Special Claims) Rules which are expected to come into force next year.
What is not covered?
The new Simple Procedure Rules do not presently cover some specific types of claims such as personal injury actions, claims for financial provision and maintenance on divorce, or actions for recovering heritable property. These will be subject to the Simple Procedure (Special Claims) Rules which are expected to come into force next year.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
