COURTS REFORM (SCOTLAND) ACT 2014

(ASP 18)

Simple procedure

• (1) For the purposes of the procedure and practice in civil proceedings in the sheriff court, there is to be a form of procedure to be known as “simple procedure”.

• (2) Subject to the provisions of this Part, further provision about simple procedure is to be made by act of sederunt under section 104(1).

• (3) The following types of proceedings may only be brought subject to simple procedure (and no other types of proceedings may be so brought:

  • (a) proceedings for payment of a sum of money not exceeding £5,000,

  • (b) actions of multiplepoinding where the value of the fund or property that is the subject of the action does not exceed £5,000,

  • (c) actions of furthcoming where the value of the arrested fund or subject does not exceed £5,000,

  • (d) actions ad factum praestandum, other than actions in which there is claimed, in addition or as an alternative to a decree ad factum praestandum, a decree for payment of a sum of money exceeding £5,000,

  • (e) proceedings for the recovery of possession of heritable property or moveable property, other than proceedings in which there is claimed, in addition or as an alternative to a decree for such recovery, a decree for payment of a sum of money exceeding £5,000.

• (4) Subsection (3) is subject to sections 78 (transfer of cases to simple procedure), 80 (transfer of cases from simple procedure) and 83 (transitional provision: summary cause).

• (5) Subsection (3)(a) is subject to sections 73 and 74.

• (6) The calculation of a sum for the time being mentioned in subsection (3) is to be determined in accordance with provision made by the Court of Session by act of sederunt.

• (7) An act of sederunt under subsection (6) may make different provision for different purposes.

• (8) An act of sederunt under section 104(1) may make provision for the purposes of this Act for determining whether proceedings are of a type mentioned in subsection (3).

• (9) Proceedings that:

  • (a) are subject to simple procedure under subsection (3) or by virtue of any other enactment,

  • (b) are brought subject to simple procedure under section 74, or

  • (c) are continued subject to simple procedure by virtue of section 78 or 79, are referred to in this Part as a “simple procedure case”.

• (10) Subsection (9) is subject to section 80.