Scotland Court Terminology for Simple Procedure

Why Scotland Uses Different Words

Scotland has its own legal system, separate from England and Wales. If you have been reading UK legal advice online, most of it describes the English system — County Court, defendant, default judgment, Money Claim Online. In Simple Procedure, Scotland uses the terms claimant and respondent. Using the wrong language on a Scottish court form can confuse the Sheriff Clerk and delay your case.

Here is what the Scottish terms actually mean.

Claimant and Respondent (Not Plaintiff and Defendant)

In Scottish Simple Procedure, the person bringing the claim is the claimant and the person being sued is the respondent. England and Wales use "claimant" too (they switched from "plaintiff" in 1999), but the other side is called the "defendant" there.

On Form 3A (the Scottish Claim Form), you fill in your details as the claimant and the other party's details as the respondent. Getting these roles right matters for service — the documents have to reach the correct legal entity at the correct address.

Decree (Not Judgment or CCJ)

When the Sheriff rules in your favour, the court issues a decree. This is Scotland's equivalent of a County Court Judgment (CCJ) in England and Wales.

A decree is an enforceable Scottish court order confirming the respondent's obligations. Scottish decrees are recorded on the Scottish Register of Judgments. A decree paid in full within one calendar month can be removed; if it is paid later, it can be marked as satisfied but remains on the register for six years from the judgment date. The English CCJ Register rules do not simply carry over.

One practical difference: both a CCJ and a Scottish decree can be removed from their register if paid in full within one calendar month, but the procedure differs. A Scottish decree paid after that window can be marked as satisfied but remains on the register for six years. Enforcement is not immediate: you must wait four weeks after the decision form is sent, then follow the Scottish enforcement steps.

Sheriff Court (Not County Court)

Simple Procedure runs in the Sheriff Court, Scotland's local civil court. The equivalent in England and Wales is the County Court. There are 39 Sheriff Court locations across Scotland, and you file at the one covering the respondent's address, the place where the contract was performed, or (for consumer claims) your own address.

The judge is a Sheriff or Summary Sheriff — not a "district judge" as in the English County Court.

Simple Procedure (Not Small Claims Track)

England's "Small Claims Track" is a case management track within the County Court for claims up to £10,000. Scotland's Simple Procedure is a standalone process for claims up to £5,000, governed by its own rules under the Courts Reform (Scotland) Act 2014.

The £5,000 limit covers the principal sum only — interest and expenses sit on top. Claims between £5,000 and £100,000 go through Ordinary Cause procedure in the Sheriff Court (roughly equivalent to the English Fast Track and Multi-Track).

Civil Online (Not Money Claim Online)

Civil Online is Scotland's portal for filing Simple Procedure claims electronically. Claimants normally start online; paper filing of Form 3A requires Sheriff permission. In England and Wales, HMCTS still offers MCOL for eligible claims and has also introduced a newer Money Claims service for claims where the amount is known.

Civil Online requires an account, takes card payment for court fees, and handles the case lifecycle — filing, service tracking, evidence uploads, and applications. Respondents may lodge Forms 4A and 5A on paper where the form instructions allow.

Other Terms Worth Knowing

Form 3D (Timetable): the document the court issues after your claim is registered, setting deadlines for service and response. No English equivalent — the English system uses different case management directions.

Form 7A (Application for a Decision): what you file when the respondent does not respond. Roughly equivalent to applying for default judgment in England, but with a strict two-week window and an expenses account due before the decision. Unrepresented claimants can use the SCTS pro-forma.

Expenses (not costs): what you can recover from the losing side for court fees and related outlays. In England these are called "costs." Scottish expenses are capped by statute for claims under £3,000.

Sheriff Officer: the Scottish equivalent of an English High Court Enforcement Officer or County Court Bailiff. They serve court papers and enforce decrees through earnings arrestment, bank arrestment, and attachment of property.

Negative Prescription: Scotland's time limit for bringing a claim. Most money debts prescribe after five years — the debt is not just unenforceable but legally extinguished. England calls this "limitation" and uses a six-year period for most contract claims.

Getting the Language Right

The Scotland Simple Procedure filing guide uses the correct Scottish terminology throughout and flags where English-language resources might mislead you. If you are filing a claim in Scotland, using the right terms from the start saves you from rejected forms and wasted time.

See more Scotland guides →