Simple Procedure Scotland £5,000 Limit: What Counts and What Happens if You're Over

Simple Procedure in Scotland has a hard ceiling: £5,000. But the question people keep asking — in forums, on Reddit, in Citizens Advice appointments — is what exactly counts toward that limit. The answer matters, because getting it wrong means your claim either gets rejected or has to go through a slower, more expensive process.

What the £5,000 Covers

The limit applies to the principal sum you're claiming — the actual money owed. Interest and judicial expenses sit on top and don't count toward the ceiling. So if someone owes you £4,800 and you're claiming £400 in statutory interest, the claim value for Simple Procedure purposes is £4,800, not £5,200.

This comes from Section 72 of the Courts Reform (Scotland) Act 2014, which defines Simple Procedure competence by the principal amount exclusive of interest and expenses.

What If Your Claim Is Over £5,000?

You have three options:

Reduce the claim to £5,000. You can voluntarily cap your claim at the limit and forfeit the excess. This keeps you in Simple Procedure with its lower fees, faster timeline, and simpler rules. Whether this makes sense depends on how much you'd spend on the alternative.

Go to Ordinary Cause. Claims above £5,000 must be raised under Ordinary Cause rules in the Sheriff Court. It's a more formal process — written pleadings, possible procedural hearings, and significantly higher court fees. Solicitor representation isn't mandatory but becomes much more practical.

Split into multiple claims? A payment claim above £5,000 falls outside Simple Procedure competence and must be raised under Ordinary Cause rules. Do not assume that dividing one debt into separate claims changes the correct procedure.

Non-Money Claims and the Limit

Simple Procedure isn't only for money. You can also claim delivery of moveable property or ask the court to order someone to do something specific (ad factum praestandum). But there's a catch: these actions must include an alternative money claim of £5,000 or under.

For example: "For delivery of the equipment, or failing delivery, for payment of £4,000." Without that alternative money prayer, the claim falls outside Simple Procedure's competence.

Standalone actions for delivery or specific performance — with no money alternative — can't use Simple Procedure at all.

Claims That Don't Qualify Regardless of Amount

Some disputes are excluded from Simple Procedure even if the amount is well under £5,000:

• Personal injury claims go to the Sheriff Personal Injury Court or Ordinary Cause
• Residential tenancy deposit disputes go to the First-tier Tribunal for Scotland (Housing and Property Chamber)
• Eviction cases under the Housing (Scotland) Act 2014 also go to the Tribunal

A landlord seeking rent arrears arising from a Private Residential Tenancy must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), not use Simple Procedure in the Sheriff Court.

For a complete walkthrough of checking your claim against the limit, identifying the right court, and filing through Civil Online, see our Scotland Simple Procedure guide.

See more Scotland guides →