Simple Procedure Rules: Introduction
28 November 2016
If your organisation extends credit to its customers then you should be aware of the new Court Rules in Scotland for recovering debts which have a value of £5,000 or less. As of the 28th November 2016 the Simple Procedure Rules come in to force in all sheriff courts in Scotland, replacing the small claims/summary cause procedure.
What are the new rules?
This new set of rules will only govern claims for £5,000 or less & include actions to recover undisputed debts.
The Rules can be found here
and will come into force on Monday 28th November 2016. The main aim of the new Rules is to make the Court more accessible to the general public. This will be done through changing certain terminology in to easier to understand language, implementing general public friendly headings which are framed as questions as well as providing a flow chart to demonstrate how the process works. The organisation responsible for preparing the Rules are The Scottish Civil Justice Council & they have said that the Rules have been created with the party representing themselves in mind.
What do you need to know?
The Rules are completely changing the current system which is in place for recovering debts of £5,000 or less. They will most likely have an impact on the timescale of recovering debt, the cost of the process & the agreement for settlement.
It is difficult to know at this early point if the Rules will help you recover debt more effectively without seeing them in practice.
Where can I find out more?
To mark the launch of the new Rules Alex M Adamson will be creating a series of short posts focusing on the key sections of the Rules & how these parts impact the practice of recovering debt.