Summary Cause Proceedure (Civil)

The Summary Cause Proceedure is a litigation option in Civil Law. It is typically used in claims between £3000 and £5000 as well as for evictions, "Delivery of property", and for insisting upon the implementation of obligations.  They are heard in Sheriff Courts
Summary Cause actions may be appealed on points of law to the Sheriff Principal and then to Inner House of the Court of Session.
==Proceedure==
#The Pursuer issues a summons on the defender, pre-printed by the court. This will contain both a return date and a hearing date.
#If no reply is received by the return date, the pursuer can just fill in another form "minuting for decree" in their favour. No court appearance is required.
#The Defender can file a defence, or make an offer to pay by the return date in financial cases. If an offer to pay is accepted by the Persuer, they can again "minute for decree" which brings both court authority to the claim, and prevents the need to appear in court.
#If the Defender wishes to defend, or the offer to pay is not acceptable to the pursuer, the case will then call in court - if the defender does not appear they will lose.
#Depending on the situation when the case is called in court, the case may either be dealt with immediately, or a full hearing may be called.
#The Sheriff will determine both the factual and legal basis of the claim, and seek to negotiate a settlement.
#If this is not possible, the Sheriff will identify the facts and law in dispute or agreed, and either call a Proof or dismiss the claim.
==Small Claims==
Small Claims are a variant of the Summary Cause procedure for claims worth less than £3000; the parties are not usually able to call upon legal aid, but can be represented either by a legally qualified person, or any other "suitable person". There are limitations on legal costs awardable in these claims.
Small Claims are heard exclusively by the Sheriff Court, and unlike Summary Cause actionsare not appealable beyond the Sheriff Principal
Category:Civil law
Category:Court Proceedures