Small claims limit to increase to £3,000
12 Sep 07
Government also announces changes to sheriff court jurisdiction limits
The amount of money that can be claimed through the small claims court is to increase from £750 to £3,000.
The increase will come into effect from next January, Justice Secretary Kenny MacAskill announced today. In addition, all personal injury cases are to be removed from the small claims procedure so that those pursuing such claims can obtain the necessary medical evidence and legal representation required.
Mr MacAskill also announced a number of other changes to sheriff court jurisdiction limits:
- summary cause actions - those claiming over £3,000 and up to £5,000 (previously over £750 up to £1,500)
- ordinary cause rules will apply in cases over £5,000
- privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).
Accessible justice
Mr MacAskill said: "Hard-working Scots who have perfectly valid claims are currently being denied accessible justice due to the existence of an artificially low small claims limit.
"It is now 19 years since the limits were last increased and I believe the time has now come to set more realistic limits.
"These new limits will mean that many more people will be able to make use of the less complicated small claims system within the sheriff court to resolve such claims. People who in the past were prevented from pursuing a claim against a business or individual will now be able to do so without having to employ a lawyer with all the extra expense that entails."
Martyn Evans, director of the Scottish Consumer Council, said: "This is good news for Scottish consumers. Every day people in Scotland buy computers, holidays, three-piece suites and other items that cost much more than £750.
"Now they will be able to seek legal redress against businesses which do not comply with the law, without having to face the choice of suing for less money than they are owed or paying a solicitor to go to court.
"We also expect an increase in the limit will be an important additional incentive to ensure companies act in a fair dealing manner."