Small claims and Summary Cause limits increased
13 September 2007
Small claims limit increased
Edited from Scottish Government Announcement on 12/09/2007
Justice Secretary Kenny MacAskill today announced that from January 2008 someone taking a small claims action in the sheriff court will be able to do so up to a maximum of £3,000. The previous limit was £750. This will mean that cases such as disputes about houshold goods and bank charges could be dealt with in the relatively simple, quick and easy to use small claims procedures of the sheriff court.
In addition, all personal injury cases are to be removed from the small claims procedure to enable anyone pursuing such a claim to obtain the necessary medical evidence and legal representation required.
Mr MacAskill also announced a number of other changes to sheriff court jurisdiction limits as follows:
Summary cause actions - Over £3,000 up to £5,000 (previously over £750 up to £1,500)
Ordinary cause rules will apply in cases over £5,000
Privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).
CASE STUDIES - Below are a couple of mock examples of how the increase in the small claims limit will allow many more people to bring such actions.
Household Goods
Mrs X bought an oak dining table for £1,200. On closer inspection, following delivery, she noticed that there was a scratch down one of the legs of the table. The company refused to replace the table. Mrs X decided not to bring a summary cause action in case she lost and had to pay unknown amount of expenses. The increase in the small claims limit means that Mrs X is able to bring a small claims action without worrying about how much it might cost her.
Bank Charges
Mr Y wanted to take court action to recover £2,250 worth of bank charges paid over the last three years. He didn't want to use the ordinary cause procedure because of the expense involved so he decided to make three separate small claims of £750. The sheriff ruled against Mr Y making a multiple claim concerning the same bank account. Increasing the small claims limit to £3,000, means that anyone in Mr Y's position would only have to use the small claims procedure once to reclaim bank charges up to £3,000.