Question reference: S6W-25374
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
- Date lodged: 8 February 2024
-
Current status: Answered by Siobhian Brown on 26 February 2024
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.
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.