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The Ordinary Cause procedure can be used in the sheriff court where the value of the claim is over £5,000. It is also the procedure used in the sheriff court for a number of other actions for example family actions, including divorce, dissolution of civil partnership, applications for orders relating to children eg. residence and contact. The procedure is quite complex and the Scottish Courts and Tribunals Service would therefore advise applicants to seek legal advice.
There is no set application form to be completed when applying using the Ordinary Cause procedure; instead it is raised using an initial writ. There are styles available within the Ordinary Cause Rules, and can be accessed at:
You can access information about the fee for lodging an application in court in the Sheriff Court Fees section.
Further costs are likely to be incurred thereafter, depending on the circumstances of the particular case.
In order for an ordinary cause action to be raised in Scotland, one of the sheriff courts would need to have jurisdiction to deal with the case. Jurisdiction is a legal point that can be defended in court and it depends on the specific type of case and its particular circumstances, which court will have jurisdiction. For example, it can sometimes be based on the location of an accident; on the basis of where a child resides; on the basis of where a contract has been agreed. If you are not sure, we would recommend seeking legal advice on this point.
Citizens Advice Scotland may also be able to help you.
The pursuer is the person who brings the case to court, ie. the person that is suing.
The defender is the person who has the case brought against them, ie. the person who disputes the claim of the pursuer.
The sheriff clerk cannot serve the initial writ for you; you will therefore need to arrange for a sheriff officer or solicitor to do this for you. You can get contact details for sheriff officers operating in the area that the summons is to be served from the Society of Messengers at Arms and Sheriff Officers. You can get contact details for solicitors from the Law Society of Scotland.
You cannot arrange for service of the application until it has been lodged with the court and the sheriff clerk has issued you with a warrant authorising the writ to be served on the defender.
When you were sent a copy of the initial writ, you will also have been sent information on how to defend the action and a form to complete. The content of the form will depend on the type of action that has been raised against you. As the ordinary cause procedure can be complex, we would recommend seeking legal advice. If you do need legal advice, the Law Society of Scotland, can provide contact details for solicitors in your area.
It is very difficult to estimate how long the process will take; it will depend on the complexity and circumstances of the individual case and also whether or not the case is defended.
You will need to contact the court where the case is being dealt with. Contact details for all the courts can be accessed on Court Location page.
It is the responsibility of the successful party to have the court's order enforced. The court cannot do this on your behalf. You will also be responsible for any costs involved in enforcing the order, although you may be able to recover this from the other party. More detailed information on this point can be accessed on the Society of Messenger at Arms and Sheriff Officer's website.
Guidance can be found under Serving or Enforcing a Court Order FAQs page and on the Society of Messenger at Arms and Sheriff Officer's website.
As the procedure is complex, we would recommend seeking legal advice; the Law Society of Scotland can provide contact details for solicitors.
The Citizens Advice Scotland can also assist you; you can find contact details for your local office on the Citizens Advice Scotland website. They also provide more information on the following subjects that can fall under the ordinary cause procedure at:
The Scottish Government also provide information on the following topics:
Scottish Courts and Tribunals Service staff are not legally qualified and therefore cannot provide you with any legal advice. If you do need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area.
Please Note: The information above cannot cover every situation which might arise in the course of a claim. You should also note that this information is not the authority upon which the procedure is based. The formal authority is contained in the rules.