Courts Reform (Scotland) Act 2014

81 Expenses in simple procedure cases

(1) The Scottish Ministers may by order provide that—

(a) in such category of simple procedure cases as may be prescribed in the order, no award of expenses may be made,

(b) in such other category of simple procedure cases as may be so prescribed, any expenses awarded may not exceed such sum as may be so prescribed.

(2) The categories of simple procedure cases mentioned in subsection (1) may be prescribed by reference to—

(a) the value of the claim in the cases,

(b) the subject matter of the claim in the cases.

(3) Categories may be prescribed subject to specified exceptions.

(4) An order under subsection (1) does not apply—

(a) to simple procedure cases such as those mentioned in subsection (5),

(b) in relation to an appeal to the Sheriff Appeal Court from any decision in a simple procedure case, or

(c) to a simple procedure case in respect of which a direction under subsection (7) is made.

(5) The simple procedure cases referred to in subsection (4)(a) are those in which—

(a) the defender—

(i) has not stated a defence,

(ii) having stated a defence, has not proceeded with it, or

(iii) having stated and proceeded with a defence, has not acted in good faith as to its merits, or

(b) a party to the case has behaved unreasonably in relation to the case.

(6) Subsection (7) applies where the sheriff in a simple procedure case is of the opinion that a difficult question of law, or a question of fact of exceptional complexity, is involved.

(7) The sheriff may, at any stage, on the application of any party to the case, direct that an order under subsection (1) is not to apply in relation to the case.