Part III Civil jurisdiction, procedure and appeals

Summary causes

35 Summary causes.

(1)

The definition of “summary cause” contained in paragraph (i) of section 3 of the M1Sheriff Courts (Scotland) Act 1907 shall cease to have effect, and for the purposes of the procedure and practice in civil proceedings in the sheriff court there shall be a form of process, to be known as a “summary cause”, which shall be used for the purposes of all civil proceedings brought in that court, being proceedings of one or other of the following descriptions, namely—

(a)

actions for payment of money not exceeding F1£5000 in amount (exclusive of interest and expenses);

(b)

actions of multiplepoinding, actions of furthcoming F2. . . , where the value of the fundin medio, or the value of the arrested fund or subject, F2. . . as the case may be, does not exceed F3£5000 (exclusive of interest and expenses);

(c)

actionsad factum praestandum and actions for the recovery of possession of heritable or moveable property, other than actions in which there is claimed in addition, or as an alternative, to a decreead factum praestandumor for such recovery, as the case may be, a decree for payment of money exceeding F4£5000 in amount (exclusive of interest and expenses);

(d)

proceedings which, according to the law and practice existing immediately before the commencement of this Act, might competently be brought in the sheriff’s small debt court or were required to be conducted and disposed of in the summary manner in which proceedings were conducted and disposed of under the Small Debt Acts;

and any reference in the following provisions of this Act, or in any other enactment (whether passed or made before or after the commencement of this Act) relating to civil procedure in the sheriff court, to a summary cause shall be construed as a reference to a summary cause within the meaning of this subsection.

F5(1A)

For the avoidance of doubt it is hereby declared that nothing in subsection (1) above shall prevent the Court of Session from making different rules of procedure and practice in relation to different descriptions of summary cause proceedings.

F6(2)

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F6(3)

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F6(4)

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