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 ordain mean that cases such as disputes about houshold goods and bank charges could be dealt with in the relatively simple quick and easy to use small claims procedures of the sheriff act.
In addition all personal injury cases are to be removed from the small claims procedure to alter anyone pursuing such a affirm to acquire the necessary medical bear witness and legal representation required.
"Hard-working Scots who have perfectly valid claims are currently being denied accessible justice due to the existence of an artificially low small claims check.
"These new limits will mean that many more populate will be able to make use of the less complicated small claims system within the Sheriff act to end such claims. populate who in the past were prevented from pursuing a claim against a business or individual ordain now be able to do so without having to employ a lawyer with all the extra depreciate that entails.
"As move of the package of new measures announced today. I have decided to remove all personal injury actions from the small claims procedure. This ordain convey that anyone pursuing such a claim will be able to obtain the necessary medical evidence and legal representation required.
"This is good news for Scottish consumers. We are delighted the Scottish Government has taken this decisive go to increase find to justice for populate 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 accept early decision by the new administration.
"Every day populate in Scotland buy computers holidays three-piece suites and other items that be much more than £750. Now they ordain be able to seek legal redress against businesses which do not comply with the law without having to approach the choice of suing for less money than they are owed or paying a solicitor to go to act.
"We also expect an change magnitude in the limit will be an important additional incentive to verify companies act in a fair dealing manner."
inspect STUDIES - Below are a couple of mock examples of how the increase in the small claims check ordain accept many more populate to carry such actions.
Mrs X bought an oak dining delay for £1,200. On closer inspection following delivery she noticed that there was a adjoin down one of the legs of the delay. The affiliate refused to regenerate the table. Mrs X decided not to carry a summary cause challenge in case she lost and had to pay unknown be of expenses. The change magnitude in the small claims limit means that Mrs X is able to carry a small claims action without worrying about how much it might cost her.
Mr Y wanted to take act challenge to acquire £2,250 worth of bank charges paid over the last three years. He didn't be to use the ordinary cause procedure because of the depreciate involved so he decided to alter three displace small claims of £750. The sheriff ruled against Mr Y making a multiple claim concerning the same tip account. Increasing the small claims limit to £3,000 means that anyone in Mr Y's lay would only have to use the small claims procedure once to acquire bank charges up to £3,000.
There are three procedures in dealing with sheriff act civil actions. These are small claims actions summary cause actions and ordinary create actions. Where cases cerebrate to recovery of a sum of money that sum determines which procedure the inspect should go. A small claim is a claim of determine of £750 or less. Summary create procedure applies for actions more than £750 but less than £1,500. Ordinary cause actions broach with cases of determine more than £1,500.
There is a choice for litigants as to whether they litigate in the sheriff court or in the act of Session. So as not to have too many low value claims in the act of Session there is a check below which that choice does not exist and where it is necessary to increase actions in the sheriff act. That is known as the sheriff court privative limit and this is at show £1,500. Therefore any actions which are raised for a determine of less than £1,500 can only be raised in the sheriff court and cannot be raised in the Court of Session. These levels are collectively known as jurisdiction limits.
Normally financial limits of this nature would be uprated periodically in an uncontentious way. However in this case it has now been 19 years since the jurisdiction limits were last increased.
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Related article:
http://www.scotland.gov.uk/News/Releases/2007/09/12100801
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