Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

18 Small claims. S

(1) For subsection (2) of section 35 of the M1 Sheriff Courts (Scotland) Act 1971 (summary causes) there shall be substituted the following subsections—

“(2) There shall be a form of summary cause process, to be known as a “small claim”, which shall be used for the purposes of such descriptions of summary cause proceedings as are prescribed by the Lord Advocate by order.

(3) No enactment or rule of law relating to admissibility or corroboration of evidence before a court of law shall be binding in a small claim.

(4) An order under subsection (2) abofve shall be by statutory instrument but shall not be made unless a draft of it has been approved by a resolution of each House of Parliament.”.

(2) After section 36 of that Act (procedure in summary causes) there shall be inserted the following sections—

“36A Further provisions as to small claims.

Where the pursuer in a small claim is not—

(a) a partnership or a body corporate; or

(b) acting in a representative capacity,

he may require the sheriff clerk to efffect service of the summons on his behalf.

36B Expenses in small claims.

(1) No award of expenses shall be made in a small claim in which the value of the claim does not exceed such sum as the Lord Advocate shall prescribe by order.

(2) Any expenses which the sheriff may award in any other small claim shall not exceed such sum as the Lord Advocate shall prescribe by order.

(3) Subsections (1) and (2) above do not apply to a party to a small claim—

(a) who being a defender—

(i) has not stated a defence; or

(ii) having stated a defence, has not proceeded with it; or

(iii) having stated and proceeded with a defence, has not acted in good faith as to its merits; or

(b) on whose part there has been unreasonable conduct in relation to the proceedings or the claim;

nor do they apply in relation to an appeal to the sheriff principal.

(4) An order under this section shall be by statutory instrument but shall not be made unless a draft of it has been approved by a resolution of each House of Parliament.”.

(3) In section 37 of that Act (remits)—

(a) after subsection (2A) there shall be inserted the following subsections—

“(2B) In the case of any small claim the sheriff at any stage—

(a) may, if he is of the opinion that a difficult question of law or a question of fact of exceptional complexity is involved, of his own accord or on the motion of any party to the small claim;

(b) shall, on the joint motion of the parties to the small claim,

direct that the small claim be treated as a summary cause (not being a small claim) or ordinary cause, and in that case the small claim shall be treated for all purposes (including appeal) as a summary cause (not being a small claim) or ordinary cause as the case may be.

(2C) In the case of any cause which is not a small claim by reason only of any monetary limit applicable to a small claim or to summary causes, the sheriff at any stage shall, on the joint motion of the parties to the cause, direct that the cause be treated as a small claim and in that case the cause shall be treated for all purposes (including appeal) as a small claim and shall proceed accordingly.”; and

(b) in subsection (3)(a) after “(2A)” there shall be inserted the words “ (2B) or (2C) ”.

(4) In section 38 of that Act (appeal in summary causes) for the words from “any summary cause” to “(b)” there shall be substituted the words—

“(a) any summary cause an appeal shall lie to the sheriff principal on any point of law from the final judgment of the sheriff; and

(b) any summary cause other than a small claim an appeal shall lie”.

Marginal Citations

M1 1971 c. 58.