click here for home page
We can help grow your business - get your business involved  

Home • Contact Us • Feedback • Links
 

Small Claims Increase

Business News
September 2007

Small claims limit increased

A fourfold increase in the limit for small claims cases will benefit many more people throughout Scotland.

Justice Secretary Kenny MacAskill today announced that from next January someone taking a small claims action in the sheriff court will be able to do so up to a maximum of £3,000. The previous limit was £750. This will mean that cases such as disputes about household goods and bank charges could be dealt with in the relatively simple, quick and easy to use small claims procedures of the sheriff court.

In addition, all personal injury cases are to be removed from the small claims procedure to enable anyone pursuing such a claim to obtain the necessary medical evidence and legal representation required.

Mr MacAskill also announced a number of other changes to sheriff court jurisdiction limits as follows:

Summary cause actions - Over £3,000 up to £5,000 (previously over £750 up to £1,500)

Ordinary cause rules will apply in cases over £5,000

Privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).

 From next January, many more Scots will have better and cheaper access to justice thanks to this government.
Kenny MacAskill said:

"This government is committed to improving access to justice for all. This includes access to a quicker, simpler and cheaper small claims procedure.

"Hard-working Scots who have perfectly valid claims are currently being denied accessible justice due to the existence of an artificially low small claims limit.

"It is now 19 years since the limits were last increased and I believe the time has now come to set more realistic limits.

"These new limits will mean that many more people will be able to make use of the less complicated small claims system within the Sheriff Court to resolve such claims. People, who in the past were prevented from pursuing a claim against a business or individual will now be able to do so without having to employ a lawyer with all the extra expense that entails.

"As part of the package of new measures announced today, I have decided to remove all personal injury actions from the small claims procedure. This will mean that anyone pursuing such a claim will be able to obtain the necessary medical evidence and legal representation required.

"From next January, many more Scots will have better and cheaper access to justice thanks to this government."

Martyn Evans, Director of the Scottish Consumer Council, said:

"This is good news for Scottish consumers. We are delighted the Scottish Government has taken this decisive step to increase access to justice for people who buy goods and services. We have been lobbying hard for a realistic small claims limit for a number of years, and this is a welcome early decision by the new administration.

"Every day people in Scotland buy computers, holidays, three-piece suites and other items that cost much more than £750. Now they will be able to seek legal redress against businesses which do not comply with the law, without having to face the choice of suing for less money than they are owed or paying a solicitor to go to court.

"We also expect an increase in the limit will be an important additional incentive to ensure companies act in a fair dealing manner."

Links

Scottish Executive

Posted: 12/09/07