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Small Claim Rules

As from 28 November 2016,
if you are raising a claim which has a monetary value of £5000 or less which seeks payment, delivery or recovery of possession of moveable property or an order for someone to do something specific,
you should use the 
Simple Procedure

 

Act of Sederunt (Small Claim Rules) 2002 No. 133

File 
Chapter 1 - Citation, interpretation and application
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Chapter 2 - Representation
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Chapter 2A - Lay representation
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Chapter 3 - Relief from failure to comply with rules
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Chapter 4 - Commencement of claim
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Chapter 5 - Register of Small Claims
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Chapter 6 - Service and return of the summons (1)
Actions lodged before 4 April 2011
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Chapter 6 - Service and return of the summons (2)
Actions lodged on or after 4 April 2011
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Chapter 7 - Arrestment (1)
For arrestments on the dependence made prior to 1 April 2008
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Chapter 7 - Interim diligence (2)
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Chapter 8 - Undefended claim
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Chapter 9 - Defended claim
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Chapter 10 - Incidental applications and sists
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Chapter 11 - Counterclaim
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Chapter 12 - Alteration of summons etc.
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Chapter 13 - Additional defender
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Chapter 13A - Internventions by the Commission for Equality and Human Rights
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Chapter 13B - Interventions by the Scottish Commission for Human Rights
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Chapter 14 - Applications for sist of party and transference
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Chapter 15 - Transfer and remit of claims
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Chapter 16 - Productions and documents
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Chapter 17 - Recovery of documents and attendance of witnesses
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Chapter 17A - Vulnerable Witnesses (Scotland) Act 2004
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Chapter 18 - European Court
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Chapter 19 - Abandonment
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Chapter 20 - Decrees by default
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Chapter 21 - Decrees, extracts, execution and variation
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Chapter 22 - Recall of decree (1)
Actions raised prior to 4 April 2011 but not determined prior to 4 April 2011
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Chapter 22 - Recall of decree (2)
Actions raised on or after 4 April 2011; and actions raised and determined prior to 4 April
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Chapter 23- Appeals
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Chapter 24 - Management of damages payable to persons under legal disability
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Chapter 25 - Electronic transmission of documents
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Chapter 26 - Equality enactments (1)
Actions lodged before 1 October 2010
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Chapter 26 - The Equality Act 2010 (2)
Actions lodged on or after 1 October 2010
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Chapter 27 - Live Links
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Appendix 2 - Glossary
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See also Act of Sederunt (Lay Representation for Non-Natural Persons) 2016 No. 243 which comes into force on 28 November 2016.

Procedural rules for applications to the court for permission for a lay representative to conduct proceedings on behalf of a non-natural person

A "non-natural person" means:

  • a company (whether incorporated in the United Kingdom or elsewhere);
  • a limited liability partnership;
  • any other partnership; or
  • an unincorporated association of persons.