{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-7",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-7.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/7",
  "kind": "part",
  "number": "7: What happens to a case",
  "heading": null,
  "text": "7.1\nWhat is this Part about?\n(1)\nThis Part is about what happens after a Response Form has been received and what happens if no Response Form or Time to Pay Application is received by the last date for a response.\nAdmitted claims\n7.2\nWhat if parties settle the claim before the last date for a response?\n(1)\nIf the Response Form indicates that the respondent admits the claim and will settle it before the last date for a response, then the sheriff does not have to send written orders to the parties.\n(2)\nIf the claimant then sends an Application for a Decision to the court within 2 weeks from the last date for a response, the sheriff may ...:\n(a)\ndismiss the claim,\n(b)\nmake a decision awarding the claimant some or all of what was asked for in the Claim Form,\n(c)\nif the sheriff considers that a decision cannot be made awarding the claimant some or all of what was asked for in the Claim Form, order the claimant or the parties to come to court to discuss the terms of the decision.\n(3)\nThe claimant must, at the same time, send the court evidence that the Claim Form was formally served on the respondent.\n(4)\nIf the claimant does not send an Application for a Decision to the court within 2 weeks from the last date for a response, the sheriff must dismiss the claim.\n7.3\nWhat if the respondent makes a Time to Pay Application?\n(1)\nIf the respondent admits the claim and asks for time to pay, then the sheriff does not have to send written orders to the parties.\n(2)\nPart 5 of these Rules is about what happens when a Time to Pay Application is made.\n7.4\nWhat if no Response Form or Time to Pay Application is received by the court?\n(1)\nIf no Response Form or Time to Pay Application has been received by the court by the last date for a response, then the sheriff does not have to send written orders to the parties.\n(2)\nIf the claimant sends an Application for a Decision to the court within 2 weeks from the last date for a response, then the sheriff may make a decision awarding the claimant some or all of what was asked for in the Claim Form.\n(3)\nIf the sheriff considers that a decision cannot be made awarding the claimant some or all of what was asked for in the Claim Form, then the sheriff may order the claimant to come to court to discuss the terms of the decision.\n(4)\nIf the claimant does not send an Application for a Decision to the court within 2 weeks from the last date for a response, then the sheriff must dismiss the claim.\nDisputed claims\n7.5\nWhat if the respondent disputes the claim?\n(1)\nIf the respondent disputes the claim, the sheriff must consider the case in private.\n(2)\nThe sheriff must then send the parties the first written orders within 2 weeks from the date the court received the Response Form.\n(3)\nIf the Response Form indicates that the respondent thinks that there should be additional respondents, then the sheriff does not have to send first written orders to the parties.\n(4)\nInstead, the sheriff may order that the Claim Form and Response Form should be formally served on those persons by the respondent before the sheriff issues the first written orders.\n(5)\nIf the sheriff makes an order under paragraph (4), the sheriff will issue written orders within two weeks of the final date on which the additional respondent is required to lodge a response.\n(6)\nThe sheriff clerk may formally serve the Claim Form and Response Form by a next-day postal service which records delivery if—\n(a)\nthe respondent is not a company, limited liability partnership or partnership, and\n(b)\nthe respondent is not legally represented.\n7.6\nWhat will be in the first written orders?\n(1)\nThe first written orders may ...:\n(a)\nrefer parties to alternative dispute resolution,\n(b)\narrange a case management discussion,\n(c)\narrange a hearing,\n(d)\nif the sheriff thinks that a decision could be made without a hearing, indicate that the sheriff is considering doing so, and give the parties an opportunity to object to a decision being made without a hearing\n(e)\nuse the sheriff's powers to dismiss a claim or decide a case under rule 1.8(11), (11A), (12) or (13).\n7.7\nWhat is a case management discussion?\n(1)\nA case management discussion may take place in a courtroom, by videoconference, conference call, or in any other form or location ordered by the sheriff.\n(2)\nThe purpose of a case management discussion is so that the sheriff may:\n(a)\ndiscuss the claim and response with the parties and clarify any concerns the sheriff has,\n(b)\ndiscuss negotiation and alternative dispute resolution with the parties,\n(c)\ngive the parties, in person, guidance and orders about the witnesses, documents and other evidence which they need to bring to a hearing,\n(d)\ngive the parties, in person, orders which arrange a hearing.\n(3)\nThe sheriff may refer parties to alternative dispute resolution at a case management discussion.\n(4)\nThe sheriff may do anything at a case management discussion that can be done at a hearing, including making a decision in a case or part of a case.\n7.8\nWhat is a hearing?\n(1)\nThe purpose of a hearing is to help the sheriff to resolve the dispute between the parties.\n(2)\nPart 12 of these Rules is about hearings.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in sch. 1 rule 7.1(1) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(h)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in sch. 1 rule 7.2(1) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in sch. 1 rule 7.2(2) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(j)(i) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in sch. 1 rule 7.2(2)(c) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(j)(ii) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in sch. 1 rule 7.4 cross-heading inserted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(j)(i)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in sch. 1 rule 7.4(1) inserted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(j)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in sch. 1 rule 7.5(4) 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)(f)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 1 rules 7.5(5)(6) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(k) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in sch. 1 rule 7.6(1) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(l)(i) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in sch. 1 rule 7.6(1)(d) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(l)(ii) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in sch. 1 rule 7.6(1)(e) substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(l)(iii) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/7",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}