Consultation on lower value claims more accessible launched

The consultation paper, available on the Scottish Civil Justice Council (SCJC) website, seeks views on a new procedure to replace small claims and summary cause in the sheriff court.

Simple procedure is designed to be a speedy, inexpensive and informal procedure, usable by people who do not have legal representation to sort out problems about matters of lower monetary value, such as disputes about faulty goods or workmanship.

The rules have been drafted with the lay user in mind. They are intended to be accessible and understandable and are structured in a way that guides the reader through the process.

The consultation closes on Wednesday, 4 March 2016 and feedback is welcomed from the public and legal profession.

The consultation responses will be published on the SCJC website.

A revised set of rules will be considered by the SCJC after taking account of the responses received. Implementation of simple procedure is planned for the end of November, 2016.

The Courts Reform (Scotland) Act 2014 created the simple procedure, which was recommended by the Scottish Civil Courts Review, and gave the Court of Session powers to make rules of court for its operation.

The SCJC has responsibility for developing these draft rules and the work was taken forward by its Access to Justice Committee.

Lord Carloway, the Lord Justice Clerk, who is currently Chair of the Council (pictured), said: “This is a significant consultation on a new civil procedure. The aim is to make access to the courts in lower value disputes easier for the public, in particular those who do not have legal representation.

“It is hoped that a strong response to the consultation is received from both members of the public and the legal profession. The Council will take account of the responses when finalising the rules for the new simple procedure.”