Chamber and committees

Question reference: S1W-01230

Asked by: Ken Macintosh, MSP for Eastwood, Scottish Labour
Date lodged: 31 August 1999
Current status: Answered by Jim Wallace on 31 August 1999

Question

To ask the Scottish Executive whether it proposes to alter the jurisdiction limits in the Sheriff Court in civil actions.

Answer

The Lord Advocate, who then had policy responsibility for such matters, issued a Consultation Paper, in July 1998 which sought views on a range of possible increases in the jurisdiction limits in the Sheriff Court; an option of forum being provided to litigants wishing to raise personal injury actions for sums falling within the small claims limit and the provision of an additional tier of expenses for small claims exceeding £750.00.Following extensive consultation and having considered the responses to the Consultation Paper, I have decided to lay before the Scottish Parliament orders that:-¨ increase the small claim limit to £1,500;

¨ increase each of the privative jurisdiction of the sheriff court and the summary cause limit to £5,000;¨ add personal injuries actions to the category of actions excluded from the small claim procedure;¨ assuming that Parliament accepts the recommendation to increase the small claim limit, increase the present expenses limit of £75 for small claims up to £750 and to £100 for small claims up to £1,000;¨ where the value of the claim exceeds £1,000, limits the expenses to 10% of the sum awarded; and¨ provide that no expenses are to be payable for claims up to £200.The appropriate Orders which require to be approved by affirmative resolution of the Scottish Parliament will be brought forward when the Parliamentary timetable permits.

See all of Ken Macintosh's questions