2016 No. 388
The Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 81 of the Courts Reform (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with section 133(2)(a) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016 and comes into force on 28th November 2016.
Category of simple procedure cases in which no award of expenses may be made2
No award of expenses may be made in a simple procedure case2 in which the value of the claim is less than or equal to £200.
Categories of simple procedure cases in which expenses awarded may not exceed prescribed sum3
In any simple procedure case in which the value of the claim is—
a
greater than £200 but less than or equal to £1,500, the expenses awarded by the sheriff may not exceed £150;
b
greater than £1,500 but less than or equal to £3,000, the expenses awarded by the sheriff may not exceed 10% of the value of the claim.
Exceptions4
This Order does not apply to the following types of simple procedure case—
a
actions in respect of aliment and interim aliment;
b
actions of defamation; or
c
actions for personal injury to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 apply.
(This note is not part of the Order)