LegalizeAct of Sederunt (Simple Procedure) 2016
Made: 9th June 2016
Laid before the Scottish Parliament: 13th June 2016
Coming into force: 28th November 2016
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 , the Court of Session has, taking into consideration the matters in section 75 of the Courts Reform (Scotland) Act 2014 , approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 14(7) of the Scottish Commission for Human Rights Act 2006 , section 104(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so.
Citation and commencement, etc.
1
- (1) This Act of Sederunt may be cited as the Act of Sederunt (Simple Procedure) 2016.
- (2) It comes into force on 28th November 2016.
- (3) A certified copy is to be inserted in the Books of Sederunt.
The Simple Procedure Rules
2
- (1) Schedule 1 contains rules for simple procedure cases and may be cited as the Simple Procedure Rules.
- (2) A form referred to in the Simple Procedure Rules means—
- (a) the form with that name in Schedule 2, or
- (b) an electronic version of the form with that name in Schedule 2, adapted for use by the Scottish Courts and Tribunals Service with—
- (i) the portal on its website, or
- (ii) the internet interface to its case management system.
- (3) Where the Simple Procedure Rules require a form to be used, that form may be varied where the circumstances require it.
Interpretation of the Simple Procedure Rules
3
- (1) In the Simple Procedure Rules—
- “a case where the expenses of a claim are capped” means a simple procedure case—to which an order made under section 81(1) of the Courts Reform (Scotland) Act 2014 applies; or...
- “a decision which absolves the respondent” means a decree of absolvitor;
- “a decision which orders the respondent to deliver something to the claimant” means a decree for delivery or for recovery of possession;
- “a decision which orders the respondent to do something for the claimant” means a decree ad factum praestandum;
- “advocate” means a practising member of the Faculty of Advocates;
- “any time before the decision of the sheriff has been fully implemented” means, where a charge or arrestment has been executed, any time within 14 days of that execution (or, where there has been more than one, the first such execution);
- “a person otherwise entitled to conduct proceedings in the sheriff court” means any person so entitled, including a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 , but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act;
- “a question of EU law” means a question which might lead to a reference to the Court of Justice of the European Union for—a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union;a ruling on the interpretation of the Conventions mentioned in Article 1 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1982 under Article 3 of that Schedule; ora preliminary ruling on the interpretation of the instruments mentioned in Article 1 of Schedule 3 to the Contracts (Applicable Law) Act 1990 under Article 2 of that Schedule;
- “child's property administration order” means an order under section 11(1)(d) of the Children (Scotland) Act 1995 ;
- “Child Witness Notice” means a child witness notice under section 12(2) of the Vulnerable Witnesses (Scotland) Act 2004 ;
- “damages management order” means an order about how a sum of money awarded as damages is to be paid to and managed for a person under a legal disability;
- “Equality Act 2010 claim” means a claim which, in Scotland, the sheriff has jurisdiction to determine as a result of section 114(1) of the Equality Act 2010 ;
- “EU member state” means a state which is a member of the European Union, within the meaning of Part II of Schedule 1 to the European Communities Act 1972 ;
- “Hague Convention country” means a country in respect of which the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is in force, other than an EU member state ;
- “independent person” means a commissioner before whom evidence is taken in accordance with section 19 of the Vulnerable Witnesses (Scotland) Act 2004 ;
- “next-day postal service which records delivery” means a postal service which—seeks to deliver documents or other things by post no later than the next working day in all or the majority of cases; andprovides for the delivery of documents or other things by post to be recorded;
- “order for time to pay” means—a time to pay direction under section 1 of the Debtors (Scotland) Act 1987 ;a time to pay order under section 5 of of the Debtors (Scotland) Act 1987 ;a time order under section 129 of the Consumer Credit Act 1974 .
- “ordinary cause” means an action under the Ordinary Cause Rules 1993 ;
- “pause a case” means sist a case;
- “postal service which records delivery” means a postal service which provides for the delivery of documents or other things by post to be recorded;
- “provisional order” means a warrant for—arrestment on the dependence or inhibition on the dependence under section 15A(1) of the Debtors (Scotland) Act 1987 ; orinterim attachment under section 9A(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 ;
- “Provisional Orders Reconsideration Application” means an application under—section 15K(2) or 15L(1) of the Debtors (Scotland) Act 1987 ; orsection 9M(2) or 9N(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 ;
- “provisional orders review hearing” means a hearing under—section 15K(4) or 15L(3) of the Debtors (Scotland) Act 1987 ; orsection 9M(4) or 9N(3) of the Debt Arrangement and Attachment (Scotland) Act 2002 ;
- “restart the case” means recall a sist;
- “schedule of inhibition” means a schedule of inhibition in the form prescribed by regulation 3(1)(a) of and Schedule 1 to the Diligence (Scotland) Regulations 2009 ;
- “Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time and as applied by the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters;
- “Sheriff Personal Injury Court” means the all-Scotland sheriff court sitting by virtue of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 ;
- “Special Measures Review Application” means an application under section 13 of the Vulnerable Witness (Scotland) Act 2004 ;
- “solicitor” means a qualified solicitor under section 4 of the Solicitors (Scotland) Act 1980 ;
- “standard order” means one of the standard orders in Schedule 3;
- “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment;
- “the principles of simple procedure” means the principles in rule 1.2;
- “trading name” means the trading or descriptive name of a person, partnership, limited liability partnership or company;
- “trainee solicitor” means a person who is training to be a solicitor and is supervised by a solicitor in accordance with regulations made by the Council of the Law Society of Scotland under section 5 of the Solicitors (Scotland) Act 1980;
- “Vulnerable Witness Application” means a vulnerable witness application under section 12(6) of the Vulnerable Witnesses (Scotland) Act 2004 .
- (2) In Part 2 of the Simple Procedure Rules, “other legislation” means any enactment which entitles a person to act as a lay representative in a simple procedure case.
- (3) In Part 11 of the Simple Procedure Rules, “supporter” means a supporter within the meaning of section 22(1) of the Vulnerable Witnesses (Scotland) Act 2004 .
- (4) In Part 17 of the Simple Procedure Rules, “initial writ”, “intimate”, “defences”, “options hearing” and “lodging” have the meaning they have in the Ordinary Cause Rules 1993 .
Warrants
4
- (1) In the Simple Procedure Rules—
- (a) a claim being registered—
- (i) is warrant for the service of the Claim Form on the respondent;
- (ii) is warrant for the citation of witnesses;
- (b) a Response Form being registered is warrant for the citation of witnesses;
- (c) a certified copy of a written order granting a provisional order is sufficient authority for execution of the diligence specified in the provisional order;
- (d) in Part 11, a sheriff ordering a witness to be brought to court—
- (i) is warrant for the apprehension of that witness and for having that witness brought to court,
- (ii) that warrant is effective in all sheriffdoms without endorsation, and
- (iii) the expenses of that warrant may be awarded against the witness.
- (2) In a claim for delivery in a simple procedure case, the court may—
- (a) grant warrant to search for and take possession of goods and to open shut and lockfast places, and
- (b) that warrant only applies to premises occupied by the respondent.
Arrestment to found jurisdiction
5
- (1) This paragraph applies to a simple procedure case where the claimant has used an arrestment to found jurisdiction before the Claim Form is formally served on the respondent.
- (2) The service of the arrestment must be reported to the sheriff clerk as soon as possible.
- (3) The arrestment ceases to have effect unless the Claim Form is formally served on the respondent within 21 days from the date of formal service of the arrestment.
SCHEDULE 1 — The Simple Procedure Rules
| Part 1 An overview of simple procedure | Part 1 An overview of simple procedure | Part 1 An overview of simple procedure |
|---|---|---|
| 1.1 | The simple procedure is a court process designed to provide a speedy, inexpensive and informal court way to resolve disputes. | |
| 1.2 | What are the principles of simple procedure? | |
| 1.3 | Who takes part in a simple procedure case? | |
| 1.4 | What are the sheriff's responsibilities? | |
| 1.5 | What are parties' responsibilities? | |
| 1.6 | What are representatives' responsibilities? | |
| 1.7 | What are the sheriff clerk's responsibilities? | |
| 1.8 | What are the sheriff's powers? | |
| Part 2 Representation and support | Part 2 Representation and support | Part 2 Representation and support |
| 2.1 | This Part is about who may represent a party, and what that representative may and may not do. | |
| This Part is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do. | ||
| Representation | Representation | Representation |
| 2.2 | Who can be a representative? | |
| 2.3 | What can a representative do? | |
| 2.4 | Who is entitled by these Rules to be a lay representative? | |
| Support | Support | Support |
| 2.5 | Who can be a courtroom supporter? | |
| 2.6 | What can a courtroom supporter do? | |
| Part 3 How to make a claim | Part 3 How to make a claim | Part 3 How to make a claim |
| 3.1 | This Part is about how the claimant makes a claim and what the court will do with that claim. | |
| 3.2 | How is a claim made? | |
| 3.3 | How do you complete a Claim Form? | |
| 3.4 | What if there is more than one claimant? | |
| 3.5 | What if there are more than two respondents? | |
| 3.6 | What if the respondent uses a trading name? | |
| 3.7 | What do you do with a completed Claim Form? | |
| 3.8 | How do you ask for provisional orders to be made? | |
| 3.9 | What will the court do with the Claim Form? | |
| 3.10 | What happens next? | |
| 3.11 | What is the last date for service? | |
| 3.12 | What is the last date for a response? | |
| 3.13 | How can the timetable be changed? | |
| Part 4 How to respond to a claim | Part 4 How to respond to a claim | Part 4 How to respond to a claim |
| 4.1 | This Part is about how the respondent responds to a claim and what the court will do with that response. | |
| 4.2 | How do you respond to a claim? | |
| 4.3 | What responses can you make? | |
| 4.4 | What has to go in the Response Form? | |
| 4.5 | What will the court do with the Response Form? | |
| Part 5 How to ask for time to pay | Part 5 How to ask for time to pay | Part 5 How to ask for time to pay |
| 5.1 | This Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that. | |
| 5.2 | What is an order for time to pay? | |
| 5.3 | How can a respondent ask for time to pay? | |
| 5.4 | What will the court do with a Time to Pay Application? | |
| 5.5 | How can the claimant consent to a Time to Pay Application? | |
| 5.6 | How can the claimant object to a Time to Pay Application? | |
| 5.7 | What if the claimant does not consent or object to a Time to Pay Application? | |
| Part 6 Sending and formal service | Part 6 Sending and formal service | Part 6 Sending and formal service |
| 6.1 | This Part is about what has to be done when these Rules require something to be sent to someone. | |
| This Part is also about what has to be done when these Rules require a document to be formally served on someone. | ||
| 6.2 | What is the difference between sending and formally serving? | |
| 6.3 | When must something be sent or formally served? | |
| 6.4 | Can a party object to how sending or formal service was done? | |
| Sending | Sending | Sending |
| 6.5 | How can the court send something to a party? | |
| 6.6 | How can a party send something to the court? | |
| 6.7 | How can a party send something to another party? | |
| Formal service | Formal service | Formal service |
| 6.8 | How can you formally serve a document on someone living within Scotland? | |
| 6.9 | How can you formally serve a document on someone living outside Scotland? | |
| 6.10 | What if a person uses a trading name? | |
| 6.11 | How can the Claim Form be formally served on the respondent? | |
| 6.12 | What if the claimant does not know the respondent's address? | |
| 6.13 | What if the sheriff considers that formal service of the Claim Form has not been done properly? | |
| Part 7 What happens to a case | Part 7 What happens to a case | Part 7 What happens to a case |
| 7.1 | This Part is about what happens after a Response Form has been received and what happens if no Response Form is received. | |
| Admitted claims | Admitted claims | Admitted claims |
| 7.2 | What if parties settle the claim before the last date for a response? | |
| 7.3 | What if the respondent makes a Time to Pay Application? | |
| 7.4 | What if no Response Form is received by the court? | |
| Disputed claims | Disputed claims | Disputed claims |
| 7.5 | What if the respondent disputes the claim? | |
| 7.6 | What will be in the first written orders? | |
| 7.7 | What is a case management discussion? | |
| 7.8 | What is a hearing? | |
| Part 8 Orders | Part 8 Orders | Part 8 Orders |
| 8.1 | This Part is about the orders which the sheriff can give to manage or decide a case. | |
| 8.2 | What are orders? | |
| 8.3 | What are standard orders? | |
| 8.4 | What are unless orders? | |
| 8.5 | What if a party does not follow an order? | |
| Part 9 Applications | Part 9 Applications | Part 9 Applications |
| 9.1 | This Part is about applications which parties may make to the court to ask for things to be done in a case. | |
| Pausing and restarting cases | Pausing and restarting cases | Pausing and restarting cases |
| 9.2 | How can a party ask for the progress of a case to be paused? | |
| 9.3 | What happens if the progress of a case is paused? | |
| 9.4 | How can a party ask for a paused case to be restarted? | |
| 9.5 | What can the court do with a paused case? | |
| Miscellaneous applications | Miscellaneous applications | Miscellaneous applications |
| 9.6 | How can a person become an additional respondent in a case? | |
| 9.7 | How can a party ask to amend the Claim Form or the Response Form? | |
| 9.8 | How can a claimant abandon a claim? | |
| 9.9 | What can happen if a party dies or becomes legally incapacitated? | |
| 9.10 | How can a party ask the sheriff to make any other orders? | |
| Part 10 Documents and other evidence | Part 10 Documents and other evidence | Part 10 Documents and other evidence |
| 10.1 | This Part is about how parties should lodge documents and other evidence with the court before a hearing. | |
| This Part is also about how parties can apply for orders to recover documents from other people. | ||
| Lodging documents and other evidence | Lodging documents and other evidence | Lodging documents and other evidence |
| 10.2 | How can you lodge documents and other evidence with the court? | |
| 10.3 | What documents and other evidence can a party bring to a hearing? | |
| 10.4 | How can other parties borrow or inspect documents and other evidence lodged with the court? | |
| 10.5 | How long will the court keep documents and other evidence for? | |
| Orders to recover documents | Orders to recover documents | Orders to recover documents |
| 10.6 | How can a party recover documents to lodge them with the court? | |
| 10.7 | What happens when an order to recover documents is made? | |
| 10.8 | What happens if the person who has the documents claims they are confidential? | |
| 10.9 | What happens if a party does not believe that an order to recover documents has been complied with? | |
| 10.10 | What happens when a special order to recover documents is made? | |
| 10.11 | What happens if the person who has the documents claims they are confidential? | |
| Part 11 Witnesses | Part 11 Witnesses | Part 11 Witnesses |
| 11.1 | This Part is about the citation of witnesses and their attendance at hearings. | |
| This Part is also about measures that the court can take to assist vulnerable witnesses in giving evidence. | ||
| The citation of witnesses | The citation of witnesses | The citation of witnesses |
| 11.2 | How can a party arrange the attendance of witnesses at a hearing? | |
| 11.3 | What if a witness does not appear at a hearing? | |
| Vulnerable witnesses | Vulnerable witnesses | Vulnerable witnesses |
| 11.4 | How will the court treat a child witness? | |
| 11.5 | How will the court treat other vulnerable witnesses? | |
| 11.6 | What are special measures? | |
| 11.7 | How can a party ask the court to review the arrangements for a child witness or a vulnerable witness? | |
| 11.8 | What happens when evidence is to be given before an independent person? | |
| Part 12 The hearing | Part 12 The hearing | Part 12 The hearing |
| 12.1 | This Part is about the hearing at which the dispute between the parties should be resolved. | |
| 12.2 | What is the purpose of the hearing? | |
| 12.3 | How will the dispute between the parties be resolved? | |
| 12.4 | What will the sheriff do at the hearing? | |
| 12.5 | What if a party does not come to the hearing? | |
| 12.6 | How will evidence be given at the hearing? | |
| Part 13 The decision | Part 13 The decision | Part 13 The decision |
| 13.1 | This Part is about the decisions which the sheriff can make to resolve a dispute. | |
| This Part is also about the circumstances in which a party can apply to have a decision recalled. | ||
| 13.2 | When must the sheriff make the decision? | |
| 13.3 | How will the sheriff make the decision? | |
| 13.4 | What sort of decisions can the sheriff make? | |
| Recalling a decision | Recalling a decision | Recalling a decision |
| 13.5 | When can a decision of the sheriff be recalled? | |
| 13.6 | How can a party apply to have a decision of the sheriff recalled? | |
| 13.7 | What happens when a sheriff decides to recall a decision? | |
| Part 14 Expenses | Part 14 Expenses | Part 14 Expenses |
| 14.1 | This Part is about the expenses of a claim which the sheriff can order a party to pay for. | |
| 14.2 | What orders about expenses can the sheriff make? | |
| 14.3 | When will the sheriff make an order about expenses? | |
| 14.4 | What if the sheriff does not make an order about expenses when deciding the claim? | |
| 14.5 | What is an expenses hearing? | |
| Part 15 How to enforce a decision | Part 15 How to enforce a decision | Part 15 How to enforce a decision |
| 15.1 | This Part is about the steps which a successful party must take to enforce a decision. | |
| 15.2 | When can a party enforce a decision? | |
| 15.3 | How can a party enforce a decision? | |
| 15.4 | What if the claimant does not know the respondent's address? | |
| 15.5 | What if the respondent does not comply with a decision? | |
| Part 16 How to appeal a decision | Part 16 How to appeal a decision | Part 16 How to appeal a decision |
| 16.1 | This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal. | |
| 16.2 | How do you appeal a decision? | |
| 16.3 | What will the sheriff do with an appeal? | |
| 16.4 | What will the Sheriff Appeal Court do with an appeal? | |
| Part 17 Miscellaneous matters | Part 17 Miscellaneous matters | Part 17 Miscellaneous matters |
| 17.1 | This Part is about some miscellaneous matters which can arise during a case. | |
| 17.2 | How can a case be transferred out of the simple procedure? | |
| 17.3 | How can the sheriff make a reference to the Court of Justice of the European Union? | |
| 17.4 | How can the Commission for Equality and Human Rights (“CEHR”) or the Scottish Commission for Human Rights (“SCHR”) intervene? | |
| 17.5 | What can the CEHR or the SCHR do in an intervention? | |
| Management of damages | Management of damages | Management of damages |
| 17.6 | When is a damages management order available? | |
| 17.7 | When must the sheriff make a damages management order? | |
| 17.8 | What can the sheriff do in a damages management order? | |
| 17.9 | How can the damages management order be changed? | |
| 17.10 | How can further instructions about managing the money be given? | |
| 17.11 | When can someone apply for a child's property administration order? | |
| 17.12 | How can someone apply for a child's property administration order? | |
| The Equality Act 2010 | The Equality Act 2010 | The Equality Act 2010 |
| 17.13 | What is an Equality Act 2010 claim? | |
| 17.14 | How can the Commission for Equality and Human Rights (“the CEHR”) be notified of an Equality Act 2010 claim? | |
| 17.15 | How can an Equality Act 2010 claim be transferred to the Employment Tribunal? | |
| 17.16 | How can an Employment Tribunal case be transferred to simple procedure? | |
| 17.17 | What if a question of national security arises in an Equality Act 2010 claim? | |
| Part 18 Formal service in Scotland | Part 18 Formal service in Scotland | Part 18 Formal service in Scotland |
| 18.1 | This Part is about how to formally serve a document on someone living in Scotland. | |
| 18.2 | How can you formally serve a document on someone who lives in Scotland? | |
| 18.3 | What if service by post does not work? | |
| Part 19 Formal service outside Scotland | Part 19 Formal service outside Scotland | Part 19 Formal service outside Scotland |
| 19.1 | This Part is about how to formally serve a document on someone outside Scotland. | |
| 19.2 | How can you formally serve a document on someone who lives outside Scotland? | |
| 19.3 | How can you formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands? | |
| 19.4 | How can you formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation? | |
| 19.5 | How can you formally serve a document on someone who lives in a Hague Convention country (other than an EU member state)? | |
| 19.6 | How can you formally serve a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents? | |
| 19.7 | How can you formally serve a document on someone who lives in any other country? | |
| Part 20 Provisional orders | Part 20 Provisional orders | Part 20 Provisional orders |
| 20.1 | This Part is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case. | |
| 20.2 | When can a claimant ask for provisional orders to be made? | |
| 20.3 | What happens when the court receives a Provisional Orders Application? | |
| 20.4 | How can the claimant tell the respondent or an interested party about a hearing? | |
| 20.5 | How can you ask the court to reconsider provisional orders that it has made? | |
| 20.6 | How can you ask the court to consider other applications about provisional orders? | |
| 20.7 | How are provisional orders made effective? | |
| 20.8 | How is an arrestment on the dependence made effective? | |
| 20.9 | How is an inhibition on the dependence made effective if the claimant does not know the respondent's address? | |
| Part 21 Glossary | Part 21 Glossary | Part 21 Glossary |
| 21.1 | This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules. |
PART 1: An overview of simple procedure
| 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. |
| (11A) | 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 part 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. |
PART 2: Representation and support
| 2.1 | What is this Part about? |
|---|---|
| (1) | This Part is about who may represent a party, and what that representative may and may not do. |
| (2) | This Part is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do. |
| Representation | Representation |
| 2.2 | Who can be a representative? |
| (1) | A party may be represented by a legal representative or a lay representative. |
| (2) | A legal representative is a person who is an advocate, a solicitor , trainee solicitor or a person otherwise entitled to conduct proceedings in the sheriff court. |
| (3) | A lay representative is a person who is not a legal representative but is entitled to be a lay representative, either by these Rules or by other legislation. |
| 2.3 | What can a representative do? |
| (1) | A representative may do anything involved in the preparation or conduct of a case that a party can do. |
| 2.4 | Who is entitled by these Rules to be a lay representative? |
| (1) | If a party wants to be represented by a lay representative throughout a case, then that lay representative must complete a Lay Representation Form and send it to the court when the Claim Form , Response Form or Time to Pay Application is sent to court. |
| (2) | If a party wants to be represented by a lay representative during a particular discussion or hearing only, then the lay representative must complete a Lay Representation Form and give it to the sheriff clerk in person at court at that discussion or hearing. |
| (3) | The sheriff may at any time order a person to stop acting as a lay representative if the sheriff considers that person unsuitable. |
| (4) | For the purposes of considering suitability, the sheriff may take into account any interest that person has in the case and whether that person has been declared a vexatious litigant. |
| (5) | A person is unsuitable to act as a lay representative if their behaviour does not respect the principles of simple procedure. |
| (6) | A person may only act as a lay representative if that person agrees not to receive any remuneration from the party, whether directly or indirectly, for acting as a lay representative. This rule does not apply where the party is a company, limited liability partnership or partnership. |
| Support | Support |
| 2.5 | Who can be a courtroom supporter? |
| (1) | A courtroom supporter is a person (for example, a family member, friend or colleague) who may accompany a party in court in order to provide quiet support, encouragement and advice during a hearing. |
| (2) | A party may ask the sheriff in court for permission for someone to be a courtroom supporter. |
| (3) | The sheriff may permit a person to act as a courtroom supporter only if that person agrees not to receive any remuneration from the party, whether directly or indirectly, for acting as a courtroom supporter. |
| (4) | If at any point the sheriff considers that a person is not suitable to act as a courtroom supporter, the sheriff may withdraw permission to act as a courtroom supporter. |
| (5) | A person is unsuitable to act as a courtroom supporter if their behaviour does not respect the principles of simple procedure. |
| 2.6 | What can a courtroom supporter do? |
| (1) | A courtroom supporter may sit beside or behind the party in court. |
| (2) | A courtroom supporter may provide moral support to the party. |
| (3) | A courtroom supporter may help to manage the party's court documents and other papers. |
| (4) | A courtroom supporter may take notes in court. |
| (5) | A courtroom supporter may quietly advise the party on points of law and procedure, on issues the party might wish to raise with the sheriff or on questions the party might want to ask any witness. |
| (6) | A courtroom supporter may be given any document or information connected to the case. |
| (7) | However, if disclosure of that document or that information is prohibited or restricted in any way, then the courtroom supporter must respect that prohibition or restriction. |
PART 3: How to make a claim
| 3.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about how the claimant makes a claim and what the court will do with that claim. | This Part is about how the claimant makes a claim and what the court will do with that claim. |
| 3.2 | How is a claim made? | How is a claim made? |
| (1) | The process for making a claim is: | The process for making a claim is: |
| (a) | the claimant completes a Claim Form (see rule 3.3), | |
| (b) | the claimant sends the Claim Form to the court (see rule 3.7), | |
| (c) | the sheriff clerk checks and registers the Claim Form (see rule 3.9), | |
| (d) | the sheriff clerk issues a timetable for the case (see rule 3.10), and | |
| (e) | the Claim Form is formally served on the respondent, either by the sheriff clerk, a solicitor or a sheriff officer (see Part 6). | |
| 3.3 | How do you complete a Claim Form? | How do you complete a Claim Form? |
| (1) | The claimant must set out the following information in the Claim Form: | The claimant must set out the following information in the Claim Form: |
| (a) | the identity of the claimant, including the claimant's address and whether the claimant is an individual, a company or another type of organisation, | |
| (b) | the identity of the respondent, including the respondent's address (where known) and whether the respondent is an individual, a company or another type of organisation, | |
| (c) | the essential factual background to the dispute, | |
| (d) | what the claimant wants from the respondent if the claim is successful, | |
| (e) | why the claim should succeed, | |
| (f) | what steps the claimant has already taken (if any) to try to resolve the dispute with the respondent. | |
| (2) | . . . | . . . |
| (3) | . . . | . . . |
| 3.4 | . . . | . . . |
| 3.5 | . . . | . . . |
| 3.6 | What if the respondent uses a trading name? | What if the respondent uses a trading name? |
| (1) | If the respondent uses a trading name, a claim may be made against them using that trading name. | If the respondent uses a trading name, a claim may be made against them using that trading name. |
| 3.7 | What do you do with a completed Claim Form? | What do you do with a completed Claim Form? |
| (1) | The completed Claim Form must be sent to the sheriff court by submitting it to the court using: | The completed Claim Form must be sent to the sheriff court by submitting it to the court using: |
| (1) | (a) | the portal on the Scottish Courts and Tribunals Service website (see rule 6.6(1)(c)), or |
| (1) | (b) | the Scottish Courts and Tribunals Service’s internet interface to its case management system (see rule 6.6(2)). |
| (1A) | Where the completed Claim Form cannot be sent in either of the ways mentioned in paragraph (1), it may be sent by one of the other ways mentioned in rule 6.6(1), but the claim will only be registered where: | Where the completed Claim Form cannot be sent in either of the ways mentioned in paragraph (1), it may be sent by one of the other ways mentioned in rule 6.6(1), but the claim will only be registered where: |
| (1A) | (a) | the Claim Form is accompanied with a note explaining why it could not have been sent in either of the ways mentioned in paragraph (1), and |
| (1A) | (b) | the sheriff considers, from the explanation in the note, that the claimant could not have sent it in either of those ways. |
| (2) | If the Claim Form has been completed on paper and indicates that the claimant would like the sheriff clerk to formally serve the Claim Form then two copies must be sent to the court. | If the Claim Form has been completed on paper and indicates that the claimant would like the sheriff clerk to formally serve the Claim Form then two copies must be sent to the court. |
| 3.8 | How do you ask for provisional orders to be made? | How do you ask for provisional orders to be made? |
| (1) | Provisional orders are orders which protect or secure the claimant's position before the sheriff makes a final decision in a case. | Provisional orders are orders which protect or secure the claimant's position before the sheriff makes a final decision in a case. |
| (2) | There are three types of provisional order: | There are three types of provisional order: |
| (a) | an arrestment on the dependence under section 15A(1) of the Debtors (Scotland) Act 1987 (this is an order freezing the respondent's goods or money held by a third party), | |
| (b) | an inhibition on the dependence under section 15A(1) of the Debtors (Scotland) Act 1987 (this is an order preventing the respondent from selling their home or other land, or taking out a secured loan), and | |
| (c) | an interim attachment under section 9A(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (this is an order preventing the respondent from selling or removing their goods). | |
| (3) | Part 20 of these Rules is about how the claimant may apply for provisional orders. | Part 20 of these Rules is about how the claimant may apply for provisional orders. |
| 3.9 | What will the court do with the Claim Form? | What will the court do with the Claim Form? |
| (1) | The sheriff clerk will check the Claim Form for problems which mean that it cannot be registered. Such problems might include: | The sheriff clerk will check the Claim Form for problems which mean that it cannot be registered. Such problems might include: |
| (a) | the Claim Form not being accompanied by the correct fee, | |
| (b) | the Claim Form being sent to the wrong sheriff court, | |
| (c) | the Claim Form asking for something that is not possible in simple procedure, such as making a claim for over £5,000, | |
| (d) | the Claim Form being incomplete. | |
| (2) | If there are no such problems, the sheriff clerk must register the claim. | If there are no such problems, the sheriff clerk must register the claim. |
| (3) | The sheriff clerk must ask for the approval of the sheriff before registering the claim if: | The sheriff clerk must ask for the approval of the sheriff before registering the claim if: |
| (a) | the respondent's address is unknown, | |
| (aa) | the Claim Form has been sent by submitting it to the court using neither the portal on the Scottish Courts and Tribunals Service website nor the Scottish Courts and Tribunals Service’s internet interface to its case management system, | |
| (b) | the claimant is seeking provisional orders or interim orders, or | |
| (c) | the sheriff clerk thinks that the claim requires the attention of the sheriff for some other reason. | |
| 3.10 | What happens next? | What happens next? |
| (1) | After registering a claim, the sheriff clerk must send the claimant a Timetable. | After registering a claim, the sheriff clerk must send the claimant a Timetable. |
| (2) | The Timetable must set out the timetable for the case, including: | The Timetable must set out the timetable for the case, including: |
| (a) | the last date for service, and | |
| (b) | the last date for a response. | |
| 3.11 | What is the last date for service? | What is the last date for service? |
| (1) | The last date for service is the date by which the Claim Form must be formally served on the respondent. | The last date for service is the date by which the Claim Form must be formally served on the respondent. |
| (2) | This must normally be 3 weeks before the last date for a response. | This must normally be 3 weeks before the last date for a response. |
| (3) | If the respondent does not live in an EU member state, the last date for service must normally be 6 weeks before the last date for a response. | If the respondent does not live in an EU member state, the last date for service must normally be 6 weeks before the last date for a response. |
| (4) | If the respondent is a business with no place of business in an EU member state, the last date for service must normally be 6 weeks before the last date for a response. | If the respondent is a business with no place of business in an EU member state, the last date for service must normally be 6 weeks before the last date for a response. |
| 3.12 | What is the last date for a response? | What is the last date for a response? |
| (1) | The last date for a response is the date by which the respondent must respond to the claim (see rule 4.2). | The last date for a response is the date by which the respondent must respond to the claim (see rule 4.2). |
| 3.13 | How can the timetable be changed? | How can the timetable be changed? |
| (1) | The sheriff may change the timetable at the request of the sheriff clerk or at the request of one of the parties. | The sheriff may change the timetable at the request of the sheriff clerk or at the request of one of the parties. |
| (2) | The claimant may request a change (if, for example, there has been a difficulty serving the Claim Form on the respondent) by sending the court an Additional Orders Application (see Part 9). | The claimant may request a change (if, for example, there has been a difficulty serving the Claim Form on the respondent) by sending the court an Additional Orders Application (see Part 9). |
| (3) | The respondent may request a change (if, for example, the Claim Form was formally served on them late) by sending the court an Additional Orders Application (see Part 9). | The respondent may request a change (if, for example, the Claim Form was formally served on them late) by sending the court an Additional Orders Application (see Part 9). |
| (4) | If the sheriff changes the timetable, the sheriff clerk must send a new Timetable to the claimant or to the parties. | If the sheriff changes the timetable, the sheriff clerk must send a new Timetable to the claimant or to the parties. |
PART 4: How to respond to a claim
| 4.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about how the respondent responds to a claim and what the court will do with that response. | This Part is about how the respondent responds to a claim and what the court will do with that response. |
| 4.2 | How do you respond to a claim? | How do you respond to a claim? |
| (1) | The respondent must respond to the claim by the last date for a response. | The respondent must respond to the claim by the last date for a response. |
| (2) | The respondent may respond to a claim in one of two ways: | The respondent may respond to a claim in one of two ways: |
| (a) | by completing a Response Form and sending it to the court and the claimant, or | |
| (b) | if the respondent wants to admit the claim and ask for time to pay, by completing a Time to Pay Application and sending it to the court. | |
| 4.3 | What responses can you make? | What responses can you make? |
| (1) | There are three ways in which the respondent may respond to the claim. | There are three ways in which the respondent may respond to the claim. |
| (2) | The respondent may: | The respondent may: |
| (a) | admit the claim and settle it before the last date for a response, | |
| (b) | admit the claim and ask the court for time to pay (see Part 5), or | |
| (c) | dispute the claim or part of the claim (such as the amount the respondent should pay the claimant). | |
| (3) | This flow-chart sets out how the respondent may respond to a claim: | This flow-chart sets out how the respondent may respond to a claim: |
| 4.4 | What has to go in the Response Form? | What has to go in the Response Form? |
| --- | --- | --- |
| (1) | The respondent must set out in the Response Form the following information: | The respondent must set out in the Response Form the following information: |
| (a) | which facts (if any) set out in the Claim Form that the respondent agrees with, | |
| (b) | which facts (if any) set out in the Claim Form that the respondent disagrees with and why, | |
| (c) | why the respondent thinks that the claimant should not get what was asked for in the Claim Form, or why the claimant should only get some of what was asked for in the Claim Form, | |
| (d) | what steps the respondent has already taken (if any) to try to resolve the dispute with the claimant. | |
| (2) | The respondent must indicate in the Response Form if the respondent thinks that there should be any additional respondents. | The respondent must indicate in the Response Form if the respondent thinks that there should be any additional respondents. |
| (3) | . . . | . . . |
| (4) | . . . | . . . |
| 4.5 | What will the court do with the Response Form? | What will the court do with the Response Form? |
| (1) | When the court receives a Response Form, the sheriff clerk must register it. | When the court receives a Response Form, the sheriff clerk must register it. |
| (2) | The sheriff clerk must then present the Claim Form, the Confirmation of Formal Service and the Response Form to the sheriff (see Part 7). | The sheriff clerk must then present the Claim Form, the Confirmation of Formal Service and the Response Form to the sheriff (see Part 7). |
PART 5: How to ask for time to pay
| 5.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that. | This Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that. |
| 5.2 | What is an order for time to pay? | What is an order for time to pay? |
| (1) | An order for time to pay is an order of the sheriff that the respondent must pay the claimant a sum of money in a particular way, such as by instalments or by a delayed payment. | An order for time to pay is an order of the sheriff that the respondent must pay the claimant a sum of money in a particular way, such as by instalments or by a delayed payment. |
| 5.3 | How can a respondent ask for time to pay? | How can a respondent ask for time to pay? |
| (1) | The respondent may ask for time to pay in three ways: | The respondent may ask for time to pay in three ways: |
| (a) | by completing a Time to Pay Application and sending it to court by the last date for a response, | |
| (b) | by completing a Time to Pay Application and giving it to the sheriff clerk at a discussion in court, case management discussion or a hearing, or | |
| (c) | by completing a Time to Pay Application and sending it to court after the sheriff has made a decision. | |
| 5.4 | What will the court do with a Time to Pay Application? | What will the court do with a Time to Pay Application? |
| (1) | If the respondent sends a Time to Pay Application to the court, the sheriff clerk must send a copy of it to the claimant along with a Time to Pay Notice. | If the respondent sends a Time to Pay Application to the court, the sheriff clerk must send a copy of it to the claimant along with a Time to Pay Notice. |
| 5.5 | How can the claimant consent to a Time to Pay Application? | How can the claimant consent to a Time to Pay Application? |
| (1) | To consent to a Time to Pay Application, the claimant must indicate consent on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice. | To consent to a Time to Pay Application, the claimant must indicate consent on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice. |
| (2) | The sheriff may then grant the Time to Pay Application and decide the case. | The sheriff may then grant the Time to Pay Application and decide the case. |
| 5.6 | How can the claimant object to a Time to Pay Application? | How can the claimant object to a Time to Pay Application? |
| (1) | To object to a Time to Pay Application, the claimant must indicate objection on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice. | To object to a Time to Pay Application, the claimant must indicate objection on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice. |
| (2) | When the court receives an objection to a Time to Pay Application, the sheriff may give the parties an order arranging a time to pay hearing. | When the court receives an objection to a Time to Pay Application, the sheriff may give the parties an order arranging a time to pay hearing. |
| (3) | The sheriff must decide the case and decide whether to grant or refuse the Time to Pay Application. | The sheriff must decide the case and decide whether to grant or refuse the Time to Pay Application. |
| 5.7 | What if the claimant does not consent or object to a Time to Pay Application? | What if the claimant does not consent or object to a Time to Pay Application? |
| (1) | If the claimant has not consented or objected to a Time to Pay Application within 2 weeks after the claimant is sent the Time to Pay Notice, the sheriff must decide the case (if the case has not yet been decided) and grant or refuse the Time to Pay Application. | If the claimant has not consented or objected to a Time to Pay Application within 2 weeks after the claimant is sent the Time to Pay Notice, the sheriff must decide the case (if the case has not yet been decided) and grant or refuse the Time to Pay Application. |
PART 6: Sending and formal service
| 6.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This Part is about what has to be done when these Rules require something to be sent to someone. | This Part is about what has to be done when these Rules require something to be sent to someone. |
| (2) | This Part is also about what has to be done when these Rules require a document to be formally served on someone. | This Part is also about what has to be done when these Rules require a document to be formally served on someone. |
| 6.2 | What is the difference between sending and formally serving? | What is the difference between sending and formally serving? |
| (1) | When these Rules require something to be “sent”, that may be done by anyone and in a number of ways. | When these Rules require something to be “sent”, that may be done by anyone and in a number of ways. |
| (2) | When these Rules require a document to be “formally served” on someone, that may only be done by certain people (sheriff officers, sheriff clerks or solicitors) and may only be done in certain ways. | When these Rules require a document to be “formally served” on someone, that may only be done by certain people (sheriff officers, sheriff clerks or solicitors) and may only be done in certain ways. |
| 6.3 | When must something be sent or formally served? | When must something be sent or formally served? |
| (1) | If these Rules say that something must be sent or formally served within a period or number of days, it must be sent or formally served in time for it to arrive before the end of that period or the last day. | If these Rules say that something must be sent or formally served within a period or number of days, it must be sent or formally served in time for it to arrive before the end of that period or the last day. |
| (2) | If these Rules say that something must be sent or formally served by a particular day, it must be sent or formally served in time for it to arrive before the end of that day. | If these Rules say that something must be sent or formally served by a particular day, it must be sent or formally served in time for it to arrive before the end of that day. |
| (3) | If these Rules say that something must be sent to court within a period, number of days or by a particular day and the end of that period or that day is a Saturday, Sunday, public holiday or court holiday, then it must be sent so that it will be received before the end of the next working day. | If these Rules say that something must be sent to court within a period, number of days or by a particular day and the end of that period or that day is a Saturday, Sunday, public holiday or court holiday, then it must be sent so that it will be received before the end of the next working day. |
| 6.4 | Can a party object to how sending or formal service was done? | Can a party object to how sending or formal service was done? |
| (1) | A party who responds to something (such as sending a Response Form in response to a Claim Form or objecting to an application) may not object to how that thing was sent or formally served. | A party who responds to something (such as sending a Response Form in response to a Claim Form or objecting to an application) may not object to how that thing was sent or formally served. |
| Sending | Sending | Sending |
| 6.5 | How can the court send something to a party? | How can the court send something to a party? |
| (1) | The court may send something to a party in one of 5 ways: | The court may send something to a party in one of 5 ways: |
| (a) | handing it to that party or to that party's representative in person, | |
| (b) | posting it to that party or that party's representative, | |
| (c) | emailing it to that party or that party's representative, using an email address given on the Claim Form , Response Form or Time to Pay Application, | |
| (d) | making it available to that party or that party’s representative using the portal on the Scottish Courts and Tribunals Service website. | |
| (e) | delivering it to a document exchange of which that party or that party’s representative is a member. | |
| 6.6 | How can a party send something to the court? | How can a party send something to the court? |
| (1) | A party may send something to the court in one of 4 ways: | A party may send something to the court in one of 4 ways: |
| (a) | handing it in to the court in person, | |
| (b) | posting it to the court using a postal service which records delivery, | |
| (c) | submitting it to the court using the portal on the Scottish Courts and Tribunals Service website. | |
| (d) | delivering it to a document exchange of which the sheriff clerk is a member. | |
| (2) | A claimant may also send a Claim Form to the court by submitting it to the court using the Scottish Courts and Tribunals Service’s internet interface to its case management system. | A claimant may also send a Claim Form to the court by submitting it to the court using the Scottish Courts and Tribunals Service’s internet interface to its case management system. |
| 6.7 | How can a party send something to another party? | How can a party send something to another party? |
| (1) | A party may send something to another party in one of 4 ways: | A party may send something to another party in one of 4 ways: |
| (a) | posting it to that party or that party's representative using a next-day postal service which records delivery, | |
| (b) | emailing it to that party or that party's representative, using an email address given on the Claim Form , Response Form or Time to Pay Application, | |
| (c) | making it available to that party or that party’s representative using the portal on the Scottish Courts and Tribunals Service website. | |
| (d) | delivering it to a document exchange of which that party or that party’s representative is a member. | |
| (2) | If none of those ways has worked, a party may send it to another party by sheriff officer using one of the methods of formal service mentioned in rule 18.3. | If none of those ways has worked, a party may send it to another party by sheriff officer using one of the methods of formal service mentioned in rule 18.3. |
| Formal service | Formal service | Formal service |
| 6.8 | How can you formally serve a document on someone living within Scotland? | How can you formally serve a document on someone living within Scotland? |
| (1) | Part 18 of these Rules is about formal service on someone living in Scotland. | Part 18 of these Rules is about formal service on someone living in Scotland. |
| 6.9 | How can you formally serve a document on someone living outside Scotland? | How can you formally serve a document on someone living outside Scotland? |
| (1) | Part 19 of these Rules is about formal service on someone living outside Scotland. | Part 19 of these Rules is about formal service on someone living outside Scotland. |
| 6.10 | What if a person uses a trading name? | What if a person uses a trading name? |
| (1) | If a person uses a trading name, a document may be formally served on that person at any place of business or office at which that business is carried on within the sheriffdom. | If a person uses a trading name, a document may be formally served on that person at any place of business or office at which that business is carried on within the sheriffdom. |
| (2) | If that person does not have a place of business or office within the sheriffdom, a document may be formally served on that person at any place where that business is carried on (including the office of the clerk or secretary of a company, association or firm). | If that person does not have a place of business or office within the sheriffdom, a document may be formally served on that person at any place where that business is carried on (including the office of the clerk or secretary of a company, association or firm). |
| 6.11 | How can the Claim Form be formally served on the respondent? | How can the Claim Form be formally served on the respondent? |
| (1) | As well as following the rules for formal service in Part 18 or Part 19, there are some additional requirements when formally serving the Claim Form. | As well as following the rules for formal service in Part 18 or Part 19, there are some additional requirements when formally serving the Claim Form. |
| (2) | The sheriff clerk may formally serve the Claim Form by a next-day postal service which records delivery if: | The sheriff clerk may formally serve the Claim Form by a next-day postal service which records delivery if: |
| (a) | the claimant is not a company, limited liability partnership or partnership, and | |
| (b) | the claimant is not legally represented. | |
| (3) | When formally serving a Claim Form, the envelope must contain only the following: | When formally serving a Claim Form, the envelope must contain only the following: |
| (a) | a copy of the Claim Form, | |
| (b) | . . . | |
| (c) | a blank Response Form, | |
| (d) | a copy of the Notice of Claim, | |
| (e) | a copy of the Timetable, | |
| (f) | if the respondent can apply for time to pay, a blank Time to Pay Application, and | |
| (g) | any other document approved by the sheriff principal in that sheriffdom. | |
| (4) | If a solicitor or sheriff officer has formally served the Claim Form, then a Confirmation of Formal Service must be sent to the court at least 2 days before the last date for a response. | If a solicitor or sheriff officer has formally served the Claim Form, then a Confirmation of Formal Service must be sent to the court at least 2 days before the last date for a response. |
| 6.12 | What if the claimant does not know the respondent's address? | What if the claimant does not know the respondent's address? |
| (1) | The claimant must take all reasonable steps to find out the respondent's address. | The claimant must take all reasonable steps to find out the respondent's address. |
| (2) | If the claimant does not know the respondent's address and cannot find it out, then the claimant does not need to formally serve a copy of the Claim Form on the respondent. | If the claimant does not know the respondent's address and cannot find it out, then the claimant does not need to formally serve a copy of the Claim Form on the respondent. |
| (3) | The claimant must instead complete a Service by Advertisement Application and send it to court with the Claim Form. | The claimant must instead complete a Service by Advertisement Application and send it to court with the Claim Form. |
| (4) | The sheriff may order the details of the claim to be publicised by advertisement on the Scottish Courts and Tribunals Service website. | The sheriff may order the details of the claim to be publicised by advertisement on the Scottish Courts and Tribunals Service website. |
| (5) | The sheriff clerk must make a copy of the Claim Form available for the respondent to collect at the sheriff court. | The sheriff clerk must make a copy of the Claim Form available for the respondent to collect at the sheriff court. |
| (6) | If the respondent's address becomes known, the sheriff must order: | If the respondent's address becomes known, the sheriff must order: |
| (a) | the Claim Form to be amended, | |
| (b) | the claimant to formally serve the Claim Form on the respondent, | |
| (c) | a change to the timetable. | |
| 6.13 | What if the sheriff considers that formal service of the Claim Form has not been done properly? | What if the sheriff considers that formal service of the Claim Form has not been done properly? |
| (1) | If the sheriff considers that formal service of the Claim Form was not done correctly, then the sheriff may change the timetable. | If the sheriff considers that formal service of the Claim Form was not done correctly, then the sheriff may change the timetable. |
| (2) | If the sheriff changes the timetable, the sheriff clerk must send a new Timetable to the claimant or to the parties. | If the sheriff changes the timetable, the sheriff clerk must send a new Timetable to the claimant or to the parties. |
PART 7: What happens to a case
| 7.1 | What is this Part about? | What is this Part about? |
|---|---|---|
| (1) | This 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. | This 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. |
| Admitted claims | Admitted claims | Admitted claims |
| 7.2 | What if parties settle the claim before the last date for a response? | What if parties settle the claim before the last date for a response? |
| (1) | If 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. | If 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. |
| (2) | If 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 ...: | If 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 ...: |
| (a) | dismiss the claim, | |
| (b) | make a decision awarding the claimant some or all of what was asked for in the Claim Form, | |
| (c) | if 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. | |
| (3) | The claimant must, at the same time, send the court evidence that the Claim Form was formally served on the respondent. | The claimant must, at the same time, send the court evidence that the Claim Form was formally served on the respondent. |
| (4) | If 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. | If 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. |
| 7.3 | What if the respondent makes a Time to Pay Application? | What if the respondent makes a Time to Pay Application? |
| (1) | If the respondent admits the claim and asks for time to pay, then the sheriff does not have to send written orders to the parties. | If the respondent admits the claim and asks for time to pay, then the sheriff does not have to send written orders to the parties. |
| (2) | Part 5 of these Rules is about what happens when a Time to Pay Application is made. | Part 5 of these Rules is about what happens when a Time to Pay Application is made. |
| 7.4 | What if no Response Form or Time to Pay Application is received by the court? | What if no Response Form or Time to Pay Application is received by the court? |
| (1) | If 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. | If 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. |
| (2) | If 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. | If 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. |
| (3) | If 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. | If 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. |
| (4) | If 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. | If 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. |
| Disputed claims | Disputed claims | Disputed claims |
| 7.5 | What if the respondent disputes the claim? | What if the respondent disputes the claim? |
| (1) | If the respondent disputes the claim, the sheriff must consider the case in private. | If the respondent disputes the claim, the sheriff must consider the case in private. |
| (2) | The sheriff must then send the parties the first written orders within 2 weeks from the date the court received the Response Form. | The sheriff must then send the parties the first written orders within 2 weeks from the date the court received the Response Form. |
| (3) | If 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. | If 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. |
| (4) | Instead, 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. | Instead, 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. |
| (5) | If 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. | If 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. |
| (6) | The sheriff clerk may formally serve the Claim Form and Response Form by a next-day postal service which records delivery if— | The sheriff clerk may formally serve the Claim Form and Response Form by a next-day postal service which records delivery if— |
| (6) | (a) | the respondent is not a company, limited liability partnership or partnership, and |
| (6) | (b) | the respondent is not legally represented. |
| 7.6 | What will be in the first written orders? | What will be in the first written orders? |
| (1) | The first written orders may ...: | The first written orders may ...: |
| (a) | refer parties to alternative dispute resolution, | |
| (b) | arrange a case management discussion, | |
| (c) | arrange a hearing, | |
| (d) | if 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 | |
| (e) | use the sheriff's powers to dismiss a claim or decide a case under rule 1.8(11), (11A), (12) or (13). | |
| 7.7 | What is a case management discussion? | What is a case management discussion? |
| (1) | A case management discussion may take place in a courtroom, by videoconference, conference call, or in any other form or location ordered by the sheriff. | A case management discussion may take place in a courtroom, by videoconference, conference call, or in any other form or location ordered by the sheriff. |
| (2) | The purpose of a case management discussion is so that the sheriff may: | The purpose of a case management discussion is so that the sheriff may: |
| (a) | discuss the claim and response with the parties and clarify any concerns the sheriff has, | |
| (b) | discuss negotiation and alternative dispute resolution with the parties, | |
| (c) | give the parties, in person, guidance and orders about the witnesses, documents and other evidence which they need to bring to a hearing, | |
| (d) | give the parties, in person, orders which arrange a hearing. | |
| (3) | The sheriff may refer parties to alternative dispute resolution at a case management discussion. | The sheriff may refer parties to alternative dispute resolution at a case management discussion. |
| (4) | The 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. | The 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. |
| 7.8 | What is a hearing? | What is a hearing? |
| (1) | The purpose of a hearing is to help the sheriff to resolve the dispute between the parties. | The purpose of a hearing is to help the sheriff to resolve the dispute between the parties. |
| (2) | Part 12 of these Rules is about hearings. | Part 12 of these Rules is about hearings. |
PART 8: Orders
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