NOTE: The information set out below has to be considered in the context of the United Kingdom leaving the EU on 31 December 2020 (“IP Completion Day”). If you are unsure what to do after IP Completion Day you may wish to consider seeking appropriate legal advice and the Law Society of Scotland can provide contact details for solicitors in your area. Please note that the Scottish Courts and Tribunals Service staff are unable to provide legal advice.
What is the European Small Claims Procedure?
The European Small Claims Procedure was introduced by EC Regulation 861/2007 and applies between all Member States of the European Union except Denmark. The procedure can be used for claims up to the value of €5000 and is a written procedure, unless an oral hearing is considered necessary by the court.
Further information can be accessed in the European e-Justice Portal and in a Practice guide for the application of the European Small Claims Procedure published by the European Commission.
Please note that the guide does not reflect changes that apply as from 14 July 2017. It still provides useful information and clarifications, but when reading this you should refer to the amendment of the Regulation (EC) 861/2007 establishing a European Small Claims Procedure
Rules/Regulations:
Forms:
Practical Assistance:
Scottish Courts and Tribunals Service staff can offer practical assistance with filling in the forms and advice on which court a claim can be raised in. However our staff cannot provide legal advice, assistance or legal assessment of a case. If you do need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area.
Fees:
Court fees are payable for lodging these claims in court, and the current fees can be accessed in the Sheriff Court Fees section
You may be entitled to fee exemption, for example if you are entitled to certain state benefits. Further information can be found in the Court Fees section or in the application for fee exemption.
You should note that these fees do not include any fees you may need to pay if you have instructed a solicitor to help you. The solicitor can give you information on these costs.
Useful Links: