What is simple procedure
The simple procedure in the sheriff court is meant to provide a simple, quick, informal and inexpensive way to settle claims worth up to £5,000.
The simple procedure replaces the small claims and summary cause procedures from 28 November 2016.
If you need advice about a civil court action that was started before 28 November 2016 that has not yet been resolved you can get advice from your local Citizens Advice Bureau - where to get advice.
The simple procedure is the civil legal procedure that can be used for:
- payment of a sum of money, for example, a loan that you are due to pay off but have missed instalments, or
- the return or delivery of goods, for example, something you have paid for that wasn’t delivered, or
- for the completion or performance of a service, for example, a contract you had with a builder hasn’t been fulfilled.
It allows you to take or defend legal action without having to use a solicitor.
You might decide that you want to use a solicitor but you should check what that might cost first as legal aid is not available for starting or defending simple procedure cases up to the value of £3,000. You can have a lay representative. A trainee solicitor is allowed to be a lay representative.
Some legal aid may be available for legal representation under the simple procedure in a case valued at over £3,000 and up to £5,000.
If you would like more information about starting or defending a simple procedure claim please see:
- What to do if someone owes you money or compensation for faulty goods or services - this page explains what action you should take before you decide to take legal action and also what happens next
- Taking someone to court - this page explains how to fill in the legal claim form and what happens next
- What happens if you are taken to court for money you owe - this page explains what to do if someone takes action against you.
You can find out more about simple procedure rules and forms at www.scotcourts.gov.uk.