The Small Claims (Scotland) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order makes provision in connection with the establishing of a small claims procedure.

Small claims are—

(a) actions for payment of money not exceeding £750, except claims for aliment and actions of defamation, and

(b) actions ad factum praestandum and for recovery of possession of moveable property, provided there is also an alternative claim for payment of a sum of money not exceeding £750.

Actions ad factum praestandum include actions for delivery and actions for implement but do not include actions for count, reckoning and payment.

No expenses are awardable where the value of the small claim does not exceed £200, and in other small claims the maximum sum awardable as expenses is £75, except where section 36B(3) of the Sheriff Courts (Scotland) Act 1971 applies.