07 March 2016

EHAP Responds to SCJC Consultation on 'Simple Procedure' Rules

sheriff court 1EHAP has submitted a formal response to the draft Rules on the new 'Simple Procedure', which was proposed in the Courts Reform (Scotland) Act 2014 as a more 'user friendly' replacement for the current Small Claim and Summary Cause Rules.

The Scottish Civil Justice Council (SCJC) has been consulting on the draft Rules for 'Simple Procedure',and our response can be seen here.

At the moment Small Claim procedure can be used in Actions for Payment of Money up to £3,000. Between £3,000 and £5,000, Summary Cause Procedure must be used.  The 'Simple Procedure' will replace these procedures from later this year, and is intended to provide a more accessible framework for initiaitng and progressing Claims.  Any Actions for money above £5,000 will still require Ordinary Procedure.

EHAP generally welcomes the new 'Simple Procedure', although our main focus on the process will be around Actions for Recovery of Heritable Property (rent arrears eviction actions).  Most such Actions are currently processed under the Summary Cause Rules.  While it is proposed that these Actions will also be heard under the 'Simple Procedure', these will be processed under 'Special Claims' Rules, which have not yet been published.

We have, however, taken the opportunity in the current Consultation to advocate that the Special Claims Rules, in respect of Actiosn for Recovery of Heritable Property, should retain the exsiitng requirement that all such Cases must Call in front of a Sheriff (or Summary Sheriff).  The consequences for those subject to eviction proceedings are too great for Decree to pass without full consideration of the case.

Full details of the SCJC's Consultation on the 'Simple Procedure' Rules can be found here.

If you have any comments on this article, or on EHAP's position on the 'Simple Procedure' Rules, you can contact us.


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