Written Question · S6W-25374 · Session 6
What its position is on whether £5,000 remains the appropriate maximum monetary value for a simple procedure claim, and what assessment it …
The question
To ask the Scottish Government what its position is on whether £5,000 remains the appropriate maximum monetary value for a simple procedure claim, and what assessment it has made of the merits of considering an increase in the maximum claim value to £10,000.
The answer
The overall policy intention behind simple procedure is to provide a quicker, less formal, and more accessible route to justice for individuals involved in low-value civil disputes. It is therefore suitable for party litigants to raise or defend an action and conduct their cases to a conclusion themselves.
While the current monetary limit is £5,000, there are provisions for flexibility and case-specific considerations within the simple procedure framework. Even if the sum sought exceeds the monetary limit for simple procedure cases parties can agree to transfer a case to the Simple Procedure. In such cases, there is no obligation to lower the sum sought to meet the £5000 limit.
The Scottish Government considers the average value of simple procedure claims does not support an immediate need to increase the £5000 limit. We remain of the view that the current limit and flexibility within the simple procedure framework strikes the right balance between providing an accessible and cost-effective legal avenue while ensuring fairness and proportionality in resolving disputes.
The Government will continue to keep the monetary limit for simple procedure under review.
While the current monetary limit is £5,000, there are provisions for flexibility and case-specific considerations within the simple procedure framework. Even if the sum sought exceeds the monetary limit for simple procedure cases parties can agree to transfer a case to the Simple Procedure. In such cases, there is no obligation to lower the sum sought to meet the £5000 limit.
The Scottish Government considers the average value of simple procedure claims does not support an immediate need to increase the £5000 limit. We remain of the view that the current limit and flexibility within the simple procedure framework strikes the right balance between providing an accessible and cost-effective legal avenue while ensuring fairness and proportionality in resolving disputes.
The Government will continue to keep the monetary limit for simple procedure under review.
In the Official Report
No contribution in the Official Report cites S6W-25374 by reference.