Part 1: An overview of simple procedure
Scotland
| 1.1 | What is simple procedure? |
|---|---|
| (1) | Simple procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes. |
| 1.2 | What are the principles of simple procedure? |
| (1) | Cases are to be resolved as quickly as possible, at the least expense to parties and the courts. |
| (2) | The approach of the court to a case is to be as informal as is appropriate, taking into account the nature and complexity of the dispute. |
| (3) | Parties are to be treated even-handedly by the court. |
| (4) | Parties are to be encouraged to settle their disputes by negotiation or alternative dispute resolution, and should be able to do so throughout the progress of a case. |
| (5) | Parties should only have to come to court when it is necessary to do so to progress or resolve their dispute. |
| 1.3 | Who takes part in a simple procedure case? |
| (1) | A simple procedure case involves a claim being made in the sheriff court. |
| (2) | The person who makes the claim is the claimant. |
| (3) | The person the claim is made against is the respondent. |
| (4) | The claimant and the respondents are the parties. |
| (5) | The case will be decided by the sheriff, who is in charge of the court. |
| (6) | The sheriff clerk provides administrative support to the sheriff. |
| (7) | A claim which is registered by the sheriff clerk is a simple procedure case. |
| (8) | Parties may represent themselves or have representatives. |
| (9) | Parties may be assisted by courtroom supporters. |
| 1.4 | What are the sheriff's responsibilities? |
| (1) | The sheriff must take into account the principles of simple procedure when managing cases and when interpreting these rules. |
| (2) | The sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged. |
| (3) | The sheriff must encourage cases to be resolved by negotiation or alternative dispute resolution, where possible. |
| (4) | If a case cannot be resolved by negotiation or alternative dispute resolution, the sheriff must decide the case. |
| 1.5 | What are parties' responsibilities? |
| (1) | Parties must respect the principles of simple procedure. |
| (2) | Parties must be honest with each other, with representatives and with the sheriff. |
| (3) | Parties must be respectful and courteous to each other, to representatives, to witnesses and to the sheriff. |
| (4) | Parties must not try to make a witness give misleading evidence. |
| (5) | Parties must consider throughout the progress of a case whether their dispute could be resolved by negotiation or alternative dispute resolution. |
| (6) | Parties must approach any negotiation or alternative dispute resolution with an open and constructive attitude. |
| (7) | Parties must follow the sheriff's orders. |
| 1.6 | What are representatives' responsibilities? |
| (1) | Representatives must respect the principles of simple procedure. |
| (2) | Representatives must be honest with each other, with parties and with the sheriff. |
| (3) | Representatives must be respectful and courteous to each other, to parties, to witnesses and to the sheriff. |
| (4) | Representatives must act in the best interests of the person being represented, and not allow any personal interest to influence their advice or actions. |
| (5) | Representatives must not knowingly make claims or arguments which have no factual or legal basis. |
| (6) | Representatives must maintain client confidentiality. |
| (7) | Representatives must not try to make a witness give misleading evidence. |
| (8) | Representatives must not act where they have a conflict of interest. |
| (9) | When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of that party. |
| (10) | When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly. |
| (11) | Representatives must follow the sheriff's orders. |
| 1.7 | What are the sheriff clerk's responsibilities? |
| (1) | The sheriff clerk must maintain a register of simple procedure cases. |
| (2) | The sheriff clerk must send the sheriff's written orders to the parties. |
| 1.8 | What are the sheriff's powers? |
| (1) | The sheriff may give orders to the parties, either in person or by giving written orders. |
| (2) | The sheriff may do anything or give any order considered necessary to encourage negotiation or alternative dispute resolution between the parties. |
| (3) | The sheriff may do anything or give any order considered necessary to decide the case. |
| (4) | The sheriff may relieve a party from the consequences of failing to comply with any of the Simple Procedure Rules. When doing so, the sheriff may impose conditions or make orders about expenses. |
| (5) | The sheriff may give orders which vary a deadline or period of time set out in the Simple Procedure Rules. |
| (6) | The sheriff may make decisions about the form, location and conduct of a discussion in court, case management discussion or hearing. The sheriff must explain to parties why these decisions were made. |
| (7) | The sheriff may combine separate cases, so that any discussion in court, case management discussion or hearing in the cases is held at the same time. |
| (8) | The sheriff may continue any discussion in court, case management discussion or hearing to another day only if it is necessary to do so. |
| (9) | The sheriff may pause and restart the progress of a case. |
| (10) | The sheriff may decide a case without a hearing. |
| (11) | If a claim, or part of a claim, obviously has no real prospect of success, the sheriff may dismiss the claim or that part of it at any time. |
| (F111A) | If a response, or part of a response, obviously has no real prospect of success, the sheriff may decide the case, or that part of it, at any time. |
| (12) | If a claim, or F2part of a claim, obviously will not succeed because it is incompetent, the sheriff may dismiss the claim or that part of it at any time. |
| (13) | If a response, or part of a response, obviously will not succeed because it is incompetent, the sheriff may decide a case, or that part of it, at any time. |
| (14) | The sheriff may make provisional orders or interim orders which protect or secure a claimant's position before a hearing. |
| (15) | The sheriff may order an authenticated copy of any document to be treated as an original, where the original is lost or destroyed. |
| (16) | The sheriff may transfer a simple procedure case to another court, whether in the same sheriffdom or not. |
| (17) | If a claim should have been raised in a different sheriff court the sheriff must transfer the claim to a court in which the claim could have been raised, unless the sheriff is satisfied that there is a good reason not to. |
Annotations
Textual amendments
- F1
Sch. 1 rule 1.8(11A) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(a) (with para. 3)
- F2
Words in sch. 1 rule 1.8(12) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(a)
Notes on Schedule 1
Modifications
- C1
Sch. 1 modified (temp.) (1.12.2020) by Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2020 (S.S.I. 2020/293), paras. 1(2), 2(3) (with para. 1(3))