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An Overview of Simple Procedure
What is Simple Procedure?
Simple Procedure has been in use since November 2016 and for many, it is anything but simple.
A Simple Procedure action is used in the civil courts for claims valued at £5000 or less; it replaces the old Small Claim Procedure. The person raising the action is known as the Claimant and the person defending is known as the Respondent.
The purpose of Simple Procedure is to provide an accessible and affordable method of dispute resolution. As an individual, you do not need to instruct a solicitor, but given the same principles of law apply regardless of the procedure used, we would always recommend that you seek legal advice.
Starting a Simple Procedure Claim
The action begins with a Claim Form which sets out the following:
- Who the parties are;
- What the Claimant wants the Court to grant (payment order for example); and
- Details of what has happened.
The Claim Form is submitted to the court for registration by the Claimant and a timetable is issued. The timetable provides key dates for both parties, namely;
- the last date to serve the Claim Form on the Respondent; and
- the last day for the Respondent to lodge his/her response or defence
What happens after the Claim is Registered?
If no Response Form is lodged, the Court will usually grant the Order sought. If a Response Form is lodged a procedural Hearing, known as a Case Management Discussion, is usually fixed. At the Case Management Discussion, the Sheriff will listen to both parties and either:
- Make a decision on the case; or
- Fix further procedure, which could include the fixing of a full Hearing, where legal argument and/or evidence will be presented.
What happens once the Order is granted?
If the Order sought is granted, it is then for the Claimant to instruct Sheriff Officers to carry out enforcement of that Order. Enforcement options can include arresting bank accounts and/or earnings.
How can we help?
As noted above, regardless of the procedure used and the sum of money in dispute, the same legal principles apply. Although the Court will guide parties through the process they cannot, and will not, provide legal advice. It is also worth considering that the sum sued for isn’t often reflective of the complexities of the legal argument itself. Our solicitors are here to not only guide our clients through the process, but can outline the legal position to embolden many to progress the action themselves, should they decide to do so.
If you would like more information about our Simple Procedure services, please do not hesitate to contact our Litigation Department on 01224 332400 or email LitigationTeam@raeburns.co.uk. We will always aim to provide clear and understandable advice, taking account of the economic factors and risks involved in any litigation, large or small.
