How much does it cost to raise a civil action in Scotland?
If you are considering raising a simple procedure claim or initiating a court action in Scotland, it is important to understand the likely costs. The cost of court fees, solicitor fees and enforcement will vary depending on the nature of the case and the value of your claim. This guide explains how the simple procedure works, what fees you may pay, and what support may be available through the Scottish courts system.
What Is Simple Procedure in Scotland?
Simple Procedure replaced the former small claims and summary cause procedures in the Scottish courts. It is designed for lower-value civil cases, usually where the value of the claim is £5,000 or less.
A simple procedure action is often used to deal with unpaid invoices, faulty goods, tenancy disputes or recovering money from a person or business. The process aims to make civil court action more accessible without requiring complex legal knowledge.
If you are using simple procedure, you usually raise the case in your local sheriff court. Many people now use Civil Online through the Scottish Courts and Tribunals Service to submit documents electronically.
What Court Fees Do You Need to Pay?
The main cost when you make a court claim is the court fee. Sheriff court fees depend on the type of claim and how much money you are seeking.
In a simple procedure claim, the fees are usually less than in ordinary cause procedure cases. You may also have to pay a sheriff officer to serve the claim form and deliver court papers to the other side.
If your case progresses to a hearing or enforcement proceedings, additional costs may apply. The Scottish Courts and Tribunals Service regularly updates court fee levels on its website.
Can You Apply for Help With Fees?
Some people qualify for help with court fees through fee exemptions. You may be able to apply for help with fees online or request help with fees by post.
You’ll usually need to qualify based on your income, benefits and financial situation. Before you pay the court fee, check whether you may qualify for legal aid, Advice and Assistance, or exemption from court fees or other funding arrangements.
At SGT Law Firm, we can explain whether you qualify and help you understand your options before raising a claim.
Do You Need a Solicitor for a Small Claim?
You do not always need a solicitor for simple procedure cases. The Simple Procedure system is intended to help individuals with lower-value disputes.
Even so, legal advice can still be valuable. A solicitor can help you draft your claim form, clarify the claims procedure, and help you prepare your case clearly and understand the procedure.
If you are involved in a complex dispute, a defended claim or a higher-value civil case, it is normally sensible to get legal advice before you take legal action.
How Does the Claims Process Work?
To make your claim, you complete a simple procedure claim form and submit it to the sheriff court. You can use Civil Online or submit a court claim by post.
Once filed, the court may arrange for the documents to be served on the defender. In many cases, a sheriff officer usually serves the claim form on the defender.
The other party can respond, resolve the dispute or ignore the claim. If they don’t reply to the claim, the court might decide in your favour and make a decision, called a decree.
What Happens if the Case Goes Further?
Some disputes resolve quickly through dispute resolution or negotiation. Others require a full court hearing.
If the matter gets more complicated, more legal costs may be incurred. Higher-value or more complex disputes may proceed under ordinary cause procedure in the sheriff court or, in some cases, in the Court of Session, instead of the Simple Procedure process.
Our team at SGT Law Firm regularly advises clients on raising or defending a civil action in Scottish courts and tribunals. We help clients understand the value of your claim and whether court action in Scotland is the best route forward.
Can You Use Mediation Instead of Going to Court?
Sometimes mediation may be faster as well as cheaper than going to court. The Scottish Courts and Tribunals Service website promotes early settlement where possible.
Mediation works well for neighbour disputes, consumer complaints and family disagreements. However, some circumstances require you to take legal action to defend your rights.
Before you go to court, it is worth discussing all available dispute resolution options with a solicitor.
Where Can You Get Help With a Civil Court Action?
You can find guidance through Citizens Advice, the Scottish Courts and Tribunals Service, or a solicitor experienced in civil court matters.
We at SGT Law Firm offer practical legal advice on simple procedure claims, sheriff court fees and civil court cases throughout Scotland. If you would like legal advice about making or defending a claim, contact our team on 0141 266 0652.
