Simple Procedure Scotland 2026: Current Rules and Fees

What Changed and What Stayed the Same

Simple Procedure still works the way it has since November 2016: money claims up to £5,000 in the Sheriff Court, filed through Civil Online, with a streamlined process designed for people acting without a solicitor. The core structure — Claim Form, timetable, service, response, hearing, decree — has not changed.

What has changed are the court fees (updated 1 April 2026), the expenses rules (overhauled by a May 2025 court ruling), and how electronic documents are handled (new rules from December 2025). Here is what matters if you are filing a claim in 2026.

Court Fees from 1 April 2026

The Sheriff Court Fees Order 2026 sets two fee levels for Simple Procedure:

• £23 for claims of £300 or less
• £127 for claims between £300.01 and £5,000

These are the Schedule 1 rates, in force from 1 April 2026 through 31 March 2027. Schedule 2 of the same order already sets the uplifted rates that take effect on 1 April 2027; check the current SCTS fee table before filing after that date.

If you need the court to arrange service by post, that costs an additional £15 plus the Sheriff Officer's fee. Individual claimants, including sole traders, can ask the Clerk to arrange service.

Fee exemptions remain available if you receive qualifying benefits: Income Support, income-based Jobseeker's Allowance, Pension Credit, Universal Credit (with no earned income above the threshold), or Civil Legal Aid. You submit the SCTS Fee Exemption Form alongside your Claim Form.

The Cabot v Walls Expenses Rule

The biggest procedural change in recent years came from the Sheriff Appeal Court ruling in Cabot Financial (UK) Ltd v Walls [2025] SAC (Civ) 13, issued on 21 May 2025. It affects every claimant, whether your claim is defended or not.

Before this ruling, claimants in undefended cases could request expenses informally when applying for a decision. Now, every claimant seeking expenses must provide an account before the court decides the case. The SCTS Expenses Claim Form pro-forma is for claimants who are not legally represented; lodge it with Form 7A in an undefended case or Form 5B when the respondent seeks time to pay. Failure to lodge the account at the appropriate time may result in an application being rejected.

The ruling also confirmed that Rule 3.7 percentage deductions apply across the board. The Sheriff Clerk applies a mandatory 10% reduction on all allowed charges, plus a further 50% deduction for claims under £1,000 and 25% for claims between £1,001 and £2,500.

The statutory expenses caps have not changed: no expenses on claims of £300 or less (outlays like the court fee are still recoverable), capped at £150 for claims over £300 and up to £1,500, capped at 10% of claim value for claims over £1,500 and up to £3,000, and uncapped (but subject to taxation) above £3,000. These caps do not apply if the respondent stated no defence, abandoned a defence, or acted in bad faith.

Electronic Transmission of Documents

The Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, in force from 1 December 2025, formally recognises electronic service and transmission of court documents where consent or solicitor engagement is established. For most self-represented claimants this changes little in practice — Civil Online was already digital — but it provides a clearer legal basis for electronic signatures and electronically served documents.

What Has Not Changed

The £5,000 claim limit remains the same. There is no indication of an increase to match England's £10,000 small claims track.

Civil Online remains the standard route for claimants starting a case. Paper filing of Form 3A still requires written Sheriff approval with an explanation of why you cannot use Civil Online.

The 5-year negative prescription period for most money debts is unchanged. Prescription extinguishes the debt entirely under Scottish law — it does not just make it unenforceable, as limitation does in England.

Service rules, response deadlines, and hearing procedures remain governed by the Simple Procedure Rules in Schedule 1 of the Act of Sederunt (Simple Procedure) 2016, as amended.

Filing a Claim in 2026

The process runs in the same sequence it always has: check your claim fits the £5,000 limit, send a demand letter, file Form 3A on Civil Online, pay the court fee, serve the respondent, wait for a response, and either apply for a decree (undefended) or prepare for a hearing (defended).

The Scotland Simple Procedure filing guide covers every step using the current 2026 fee schedule and post-Cabot v Walls expenses rules, with worksheets for drafting your claim, tracking deadlines, and calculating your expenses claim.

See more Scotland guides →