Publication - Statistics

Civil Law Statistics in Scotland 2012-13

Published: 24 Mar 2014
Part of:
Statistics
ISBN:
9781784123703

Civil law is concerned with the rights and obligations of people and organisations. One way of resolving civil law disputes between people and organisations is for a case to be brought to court. In Scotland civil law cases are usually conducted in a sheriff court or the Court of Session. Common types of cases where civil law is used include debt, divorce and claims for personal injury.

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Contents
Civil Law Statistics in Scotland 2012-13
5. The civil court structure in Scotland

5. The civil court structure in Scotland

Most civil law court cases involve disputes between people or organisations and are heard in a sheriff court or the Court of Session. Civil law court cases are carried out using one of three procedures:

Ordinary cause - This procedure is used where the case involves any monetary claim over £5,000, for cases involving family disputes or for many other cases where more complex legal issues arise. Cases carried out using this procedure may be heard in the Court of Session or the sheriff courts.

Summary cause - This procedure is used where the case involves any monetary claim over £3,000 and up to (and including) £5,000. It is also used for the recovery of rented property, for recovery of moveable property and for personal injury cases up to (and including) £5,000. Cases carried out using this procedure may be heard only in the sheriff courts at first instance.

Small claims - This is intended to be a relatively informal procedure for resolving disputes and is used where the case involves any monetary claim up to (and including) £3,000, except where the claim relates to aliment, defamation or personal injury. Cases carried out using this procedure may be heard only in the sheriff courts.

In addition to ordinary cause, summary cause and small claims cases, sheriff courts also handle applications which are made mainly under statutes (Acts of Parliament) and carried out under summary application procedure, so-called because these applications can be disposed of in a brief and informal (or summary) manner.


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Email: Howard Hooper