November 22, 2024
Full article
Introduction
The Simple Procedure Rules have now been with us for almost 6 months. They were introduced to replace the old Small Claims/Summary Cause rules which were regarded as too complicated/ expensive/ difficult for party litigants to deal with themselves. The Simple Procedure Rules were purportedly going to simplify the procedure. They would encourage parties to litigate without solicitors, and do so electronically.
Initial Concerns
A number of concerns were highlighted when the Rules were first published. The Claim Forms were long and looked overly complex. The much heralded online Integrated Case Management System (developed by the Scottish Court Service specifically for the introduction of the Simple Procedure Rules) was not operational at the time the Rules came into force (28 November 2016). We were told this was a teething problem and that it would only be a matter of months before it was in operation. Whilst this created a significant administrative burden on all parties raising proceedings under the new rules (the volume of paper required is immense) we all took the view it could be lived with for a short period of time.
However there were significant concerns that the Scottish Court Service (i.e. the Sheriff Courts themselves) would not have the manpower to deal with the added administrative burden that that volume of paperwork (let alone the introduction of a brand new set of rules and forms) would bring.
Were Our Concerns Well Founded?
To be blunt, yes. The rules have now been in place for almost 6 months and there is still no sign of the Integrated Case Management System coming into operation. Feedback has been sought from the Scottish Court Service about this matter and, to be frank, the response from them has been underwhelming.
This has resulted in the Simple Procedure still being paper based. The Claim Form itself is large (11 pages long) and there are many associated forms that require to be lodged during the process which are lengthy. This has created an administrative burden not only on practitioners themselves, but on the individual Sheriff Courts. I am afraid to say that the majority of Sheriff Courts have not been coping with this burden. The typical turnaround time for obtaining a Timetable (Warrant to Serve) on a Claim Form is anything from 14 to 28 days. Under the old Summary Cause/Small Claims rules the target time was 48 hours.
Current Concerns
We are still concerned about the detailed and often confusing nature of the Claim Form itself. Practitioners who deal with these forms on a daily basis do not find them particularly easy to complete. Those difficulties are compounded by the differing attitudes taken by the different Sheriff Courts. Some Courts are accepting forms and providing Timetables without nit picking; however, many are not. In my experience about 30% of Simple Procedure forms are being returned to us by Courts seeking further information/further clarification.
Simple Procedure was meant to be easy. If experienced legal practitioners are struggling to fill out the forms correctly, I can only imagine the difficulties that party litigants are encountering. It would be helpful if the Scottish Court Service would take a more lenient view in scrutinising the claim forms when they are submitted.
The continued absence of the Integrated Case Management System is a major concern. The whole purpose of the Simple Procedure Rules was to allow online access and to allow these claims to be processed quickly, on a paperless basis. It must now be slightly embarrassing for the Scottish Court Service that we do not appear to be any closer to obtaining online access. Certainly that would alleviate the administrative burden on practitioners and (I would hope) party litigants alike. I would also hope it would alleviate the burden on the Sheriff Clerks office such that the turnaround times for these forms could be significantly reduced.
Going Forward
In my opinion the introduction of the Integrated Case Management System is critical to the proper function of the Simple Procedure Rules. Without it the procedure is time consuming, extensive and anything but simple.
I would hope that once in place, the system would allow Claim Forms to be accepted by the Courts without the current unnecessary scrutiny that is being applied by most Courts to the claim forms themselves. That, coupled with the lessening of the administrative burden on the Sheriff Courts, will hopefully reduce the current backlog of Claim Forms sitting on Sheriff Clerks desks waiting for Timetables.
In my opinion, not much progress has been made in the first 6 months of the Rules being in force. I sincerely hope that significant progress is made in the following 6 months.
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For More Information Contact:
David Alexander
Mobile: 07841920089
Direct Dial: 0131 516 5362
Email:dalexander@gilsongray.co.uk
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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.
