Section 93 – Remit of cases from the Court of Session
162.The Scottish Civil Courts Review also recommended that where the value of an action raised in the Court of Session is likely to be below the exclusive competence limit, as assessed by the judge at a case management hearing, there should be a presumption in favour of a remit to the sheriff court. Section 93 implements these recommendations.
163.Subsections (1) and (2) set out that proceedings must be remitted to the sheriff court (unless “on cause shown” there are reasons for not so doing), if at any stage the court is of the view that the value of the order is likely to be below the value set for the time being in section 39(1)(b)(ii). Subsection (1)(c) sets out that these provisions would apply to the aggregate total value of all orders likely to be granted in the proceedings below the value set for the time being in section 39(1)(b)(ii). Under subsection (3), the Court will not have to reach any view on liability or contributory negligence and “likely value” is to be assessed on the assumption that liability will be established. Subsections (4) and (5) give a permissive power to the Court to remit cases to which the monetary rule does not apply (i.e. non-monetary cases).