What is Simple Procedure and when does it apply?
Simple Procedure is Scotland's court process for resolving disputes involving claims up to £5,000. It covers claims for money, delivery of goods, and recovery of property. The process is designed to be accessible for people without legal representation and takes place in the local sheriff court. It replaced the old summary cause and small claims procedures in 2016.
How does Simple Procedure differ from the England and Wales small claims track?
Scotland's Simple Procedure is a distinct process from the small claims track in England and Wales county courts. Scotland has its own legal system under Scots law. The forms, terminology, and court structure are different — claims are heard by a sheriff, not a district judge, and the rules are set by the Scottish Civil Justice Council rather than the Civil Procedure Rules.
How do I file a Simple Procedure claim?
You file using Form 1A, available online at scotcourts.gov.uk or from your local sheriff court. You can submit the form online through the Scottish Courts and Tribunals Service online portal, by post, or in person at the court counter. You must name the respondent correctly — use their full legal name and address — and set out your claim clearly, including the amount and how it arose.
What is the court fee for Simple Procedure?
The filing fee depends on the value of your claim. Currently: claims up to £300 cost £19; claims from £300.01 to £1,500 cost £41; claims from £1,500.01 to £3,000 cost £74; and claims from £3,000.01 to £5,000 cost £104. Fee exemptions are available if you receive certain benefits or have a low income — apply on the court's fee exemption form at the time of filing.
What happens after I file my claim?
The court serves the claim on the respondent, who has a set period to complete a Response Form. If the respondent disputes the claim, the sheriff may hold a case management discussion — an informal telephone or in-person meeting where the sheriff identifies the real issues and may try to help the parties resolve the dispute without a full hearing.
What does a Simple Procedure hearing involve?
If the dispute is not resolved at the case management stage, the sheriff lists a hearing. Hearings are informal compared to higher court proceedings. The sheriff asks questions, hears from both sides, and examines evidence. You do not need to follow formal courtroom procedure, but you should be organised, polite, and bring all relevant documents.
What types of disputes can Simple Procedure resolve?
Simple Procedure covers: claims for payment of money (unpaid invoices, deposits, loans, damages); claims for delivery of specific property; and claims for recovery of moveable property. It does not cover personal injury claims, claims involving heritable property (land and buildings), or defamation. If your claim is for personal injury, you must use a different track even if the amount is under £5,000.
Can I claim back my expenses if I win?
In Simple Procedure, the expenses (legal costs) you can recover from the other side are strictly limited. Generally you can recover the court fee and certain outlays, but not solicitor fees unless the other party behaved unreasonably. The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 governs expense awards. This keeps the process low-cost for both sides.
What evidence is strongest in a Simple Procedure claim?
The strongest evidence is contemporaneous written records: contracts, invoices, receipts, emails, text messages, and bank statements. Photographs and dated delivery notes are also valuable. Witness evidence is accepted but carries less weight than documents. Bring originals and copies for the sheriff and the other party. Organise your documents in date order and be ready to explain their relevance.
How does uplaw.ai help with a Simple Procedure claim in Scotland?
uplaw.ai helps you complete Form 1A accurately, draft a clear statement of your claim, and prepare your evidence checklist. Just describe what happened in plain English and uplaw.ai produces the paperwork ready for submission to the Scottish sheriff court — no solicitor required.
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