Act of Sederunt (Simple Procedure) 2016

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision about the procedure to be followed in simple procedure cases. It comes into force on 28 November 2016, when the first set of cases will become subject to simple procedure. Those will be cases which formerly would have proceeded as a small claim, but which have a value of £5,000 or less.

The Act of Sederunt

Paragraph 2 introduces the Simple Procedure Rules in Schedule 1 (“the Rules”) and the forms for use with simple procedure in Schedule 2. It also provides for the Scottish Courts and Tribunals Service (“SCTS”) to be able to adapt those forms for use with the litigation portal on the SCTS website.

Paragraph 3 contains interpretation provision for the Rules, including provision which renames certain aspects of civil procedure, such as the use of the word ‘pause’ for ‘sist’.

Paragraph 4 provides for certain steps in simple procedure to be warrant for taking certain actions.

Paragraph 5 provides for arrestments to found jurisdiction in simple procedure.

Schedule 1 – The Simple Procedure Rules

Part 1 of the Rules is an overview of simple procedure, the principles of simple procedure, the persons involved in a simple procedure case and their responsibilities.

Part 2 of the Rules is about who may represent a party, and what that representative may and may not do. It is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do.

Part 3 of the Rules is about how the claimant makes a claim and what the court will do with that claim.

Part 4 of the Rules is about how the respondent responds to a claim and what the court will do with that response.

Part 5 of the Rules 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.

Part 6 of the Rules is about what has to be done when the Rules require something to be sent to someone. It is also about what has to be done when the Rules require a document to be formally served on someone.

Part 7 of the Rules is about what happens after a Response Form has been received and what happens if no Response Form is received.

Part 8 of the Rules is about the orders which the sheriff can give to manage or decide a case.

Part 9 of the Rules is about applications which parties may make to the court to ask for things to be done in a case.

Part 10 of the Rules is about how the parties should lodge documents and other evidence with the court before a hearing. It is also about how parties can apply for orders to recover documents from other people.

Part 11 of the Rules is about the citation of witnesses and their attendance at hearings. It is also about measures that the court can take to assist vulnerable witnesses in giving evidence.

Part 12 of the Rules is about the hearing at which the dispute between the parties should be resolved.

Part 13 of the Rules is about the decisions which the sheriff can make to resolve a dispute. It is also about the circumstances in which a party can apply to have a decision recalled.

Part 14 of the Rules is about the expenses of a claim which the sheriff can order a party to pay for.

Part 15 of the Rules is about when and by whom a decision can be enforced. It is also about the steps which a successful claimant must take to enforce a decision.

Part 16 of the Rules is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.

Part 17 of the Rules is about some miscellaneous matter which can arise during a case.

Part 18 of the Rules is about how to formally serve a document on someone living in Scotland.

Part 19 of the Rules is about how to formally serve a document on someone outside Scotland.

Part 20 of the Rules is about provisional orders which protect or secure the claimant’s position before the sheriff makes a final decision in a case.

Part 21 of these Rules contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules.

Schedule 2 – Forms

Schedule 2 contains the forms for use with simple procedure.

Schedule 3 – Standard Orders

Schedule 3 contains standard orders which the sheriff may use in a simple procedure case.