‘A Practical Guide to Simple Procedure in the Sheriff Courts in Scotland’ by Andrew Stevenson

Description

Although the system has been operating for over eight years, A Practical Guide to Simple Procedure in the Sheriff Court is the first book to be written on this important topic. Furthermore, it is designed to assist solicitors to minimize the ever present perils of complaints and the non-payment of fees and outlays. The book pays particular regard to risk management in relation to cost, delay and the uncertainties over the rules of evidence.

The book regards Simple Procedure as only one component of a small debt recovery process that requires knowledge and awareness of the practicalities of the law of expenses and of diligence, two key areas which are not sufficiently covered by the Rules themselves. The book looks at other systems of low value claims and argues firstly that solicitors should try to minimise their involvement in Simple Procedure completely and, secondly, that low value actions should be taken out of the courts entirely.

While A Practical Guide to Simple Procedure in the Sheriff Court is designed primarily for solicitors it will also be of use to students and party litigants seeking to navigate their way round this form of process.

ABOUT THE AUTHOR

Andrew Stevenson is a practising solicitor advocate at Waddell and Mackintosh, Troon. He first appeared in the small claims court in 1989, gave a seminar for the Royal Faculty of Procurators in Glasgow when new Summary Cause and Small Claims rules were introduced in 2002, and another for the Glasgow Bar Association when Simple Procedure was launched in 2016.

Andrew has written extensively on civil procedure and is a contributor to Greens Litigation Styles. He is the author of Style Writs for the Sheriff Court 5^th edition (Bloomsbury, 2023) and A Practical Guide to Conducting a Sheriff Court Proof (Law Brief Publishing, 2023). He is a past President of the G.B.A. and was formerly a Reporter to the Client Relations Office of the Law Society of Scotland. He is currently the Secretary of the Scottish Law Agents’ Society. Andrew is a columnist for The Scotsman. He has drafted legislation for the Church of Scotland and is a vice-convenor of its Discipline Tribunal.

CONTENTS

Chapter 1 – Risk Management
Chapter 2 – The Costs of Low Value Actions
Chapter 3 – Sources of the Law of Simple Procedure
Chapter 4 – Civil Online
Chapter 5 – Other Commonwealth Systems
Chapter 6 – The Misnomer That Is Simple Procedure
Chapter 7 – The Structure of the Simple Procedure Rules
Chapter 8 – Principles, Powers and the Definition of a Simple Procedure Claim
Chapter 9 – Representation and Support
Chapter 10 – Service of Documents
Chapter 11 – How to Make a Claim
Chapter 12 – Interim Diligence
Chapter 13 – How to Respond to a Claim
Chapter 14 – Undisputed and Disputed Cases, First Written Orders and Case Management Discussions
Chapter 15 – Interlocutors
Chapter 16 – Motions
Chapter 17 – Evidence
Chapter 18 – Proof and the Granting of Decree
Chapter 19 – Expenses
Chapter 20 – Enforcing a Decree in Scotland
Chapter 21 – Appeals
Chapter 22 – Transfer of Causes Out of Simple Procedure, Reference to the E.C.J., Interventions by the E.H.R.C. and S.C.H.R., Damages Management Orders, Child’s Property Administration Orders, Equality Act 2010 Claims
The Future of Simple Procedure