How to Dispute a Simple Procedure Claim in Scotland

Deciding to Dispute

If someone has filed a Simple Procedure claim against you in Scotland's Sheriff Court and you believe the claim is wrong — either entirely or in part — you have every right to dispute it. That means selecting Option A on Form 4A and setting out your reasons in Section D.

Disputing costs nothing. There is no court fee to file Form 4A as a respondent. The real cost of not disputing, when you have a genuine defence, is a decision in absence awarding some or all of the amount claimed, plus any expenses awarded.

Building Your Section D

Section D of Form 4A is where you write your defence. The Sheriff reads this to understand what the dispute is about and whether the case needs a hearing. Two things need to come through clearly:

Your version of the facts. Go through Form 3A — the claimant's claim — point by point. For each factual statement they make, say whether you agree, disagree, or have no knowledge. Then give your own narrative: what happened, when, and what evidence supports your account.

Why the claim should fail. This might be because the work was defective and you withheld payment legitimately, because you already paid, because the amount is wrong, because the claimant has the wrong person, or because the claim is in the wrong court. Whatever the reason, state it plainly.

Avoid legal jargon unless you are confident you are using it correctly. Write in clear, factual sentences. The Sheriff is used to reading defences from people without lawyers — plain language is fine.

Gathering Evidence Early

You do not need to submit all your evidence with Form 4A. The formal evidence exchange happens later via Form 10A, at least 14 days before any hearing. But starting early gives you time to collect and organise what you need:

• Contracts, quotes and invoices showing what was agreed and what was paid
• Photographs of defective work, damaged goods, or the condition of property
• Email and text chains showing communications between you and the claimant
• Bank statements proving payments already made
• Expert reports — a surveyor's report on building defects, a mechanic's report on a vehicle

Number each piece (Respondent's Production 1, 2, 3) and reference those numbers in your Form 4A where relevant. If you can attach key documents when you submit Form 4A, do so — it strengthens the impression that you have a real, supported defence.

What Happens After You File

Once your Form 4A is registered, the court moves the case to a Case Management Discussion (CMD). This is usually an informal meeting — often conducted by telephone or Webex — where the Sheriff reviews both sides' positions, identifies the core issues in dispute, and decides what should happen next.

At the CMD, the Sheriff may:

• Refer the case to in-court mediation if a negotiated settlement looks possible
• Set a date for an Evidential Hearing (a formal trial with witnesses and evidence)
• Ask for further written information from either side
• Decide the case on the papers if the legal issue is straightforward

If the case goes to a hearing, both sides must lodge Form 10A (List of Evidence) and Form 11A (List of Witnesses) with the court, and send copies to the other party, at least 14 days before the hearing date. Late evidence is excluded unless the Sheriff grants special permission.

Partial Disputes

You can dispute part of a claim and admit the rest. For example, if £3,000 is claimed but you accept that £1,500 is owed, explain in Section D which part you admit and which you deny. You can submit Form 5A for the admitted amount if you need instalments, and the disputed portion goes to a hearing.

Expenses Risk

If you dispute a claim and lose, the Sheriff can award expenses against you. For claims of £300 or less, no expenses are awarded. For claims between £300 and £1,500, solicitor expenses are capped at £150, excluding court dues and outlays. For £1,500 to £3,000, the cap is 10% of the claim value. Above £3,000, expenses are uncapped and based on the work done.

The caps can be lifted if the Sheriff finds that you acted unreasonably — for example, defending a claim with no genuine basis, or failing to engage with the process. Having a real dispute and presenting it honestly is the best protection against elevated costs.

The Scotland Simple Procedure response guide walks through every stage of defending a claim, from drafting Section D to preparing for the hearing and dealing with the decision.

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