Simple Procedure Scotland Counterclaim: What Claimants Need to Know

When the Respondent Disputes Your Claim

The respondent may say that you owe them money too, but a counterclaim cannot be brought within Simple Procedure. They can use Form 4A (Response Form) to dispute all or part of your claim. Any claim they have against you must be raised separately; do not assume the Sheriff will decide it as part of your Simple Procedure case.

This issue can arise in contractor and consumer disputes: you claim the contractor took a deposit and walked off the job, while the contractor says you owe them for work already done. Or you seek a refund for faulty goods while the seller says you damaged them. Those facts may be relevant to the defence, but they do not make a counterclaim competent in Simple Procedure.

How the Respondent Can Respond

The respondent uses Form 4A to dispute the claim or part of it, give the factual background, and explain why the claim should not succeed. Form 4A does not provide for a counterclaim. If the respondent has a claim against you, it must be made separately.

A separate money claim of £5,000 or less may be raised under Simple Procedure. A claim above £5,000 falls outside Simple Procedure and must be raised under Ordinary Cause rules. Ask the court how a separate claim should proceed alongside your case; do not assume the original case automatically transfers.

Once the court receives Form 4A, the Sheriff may issue orders for the disputed case. The Sheriff may refer the parties to mediation, arrange a Case Management Discussion or hearing, or decide the claim without a hearing. If a separate claim is to be considered alongside your case, the Sheriff will decide how it should proceed.

What Happens at the Case Management Discussion

A disputed claim may be listed for a Case Management Discussion (CMD). The Sheriff uses it to identify what is in dispute, consider what evidence is needed, explore settlement, and set directions.

The Sheriff may encourage negotiation or refer the parties to mediation. If a hearing is ordered, each side must send Form 10A and Form 11A to the court and the other party at least 14 days before the hearing.

How the Sheriff Decides the Disputed Claim

At a hearing, the Sheriff considers your claim and the respondent's defence. The decision may award all or part of your claim or dismiss it. For example, if you claim £3,000 and the respondent disputes £1,200 of it, the Sheriff decides how much, if any, is proved. Do not assume the amount of a separate claim will automatically be offset against your award.

The Sheriff may award some or all of the expenses claimed, subject to the statutory rules. An account of expenses must be lodged before the case is decided.

Preparing for a Disputed Claim

If you think the respondent is likely to dispute your claim, prepare for their arguments before you file. Gather evidence that addresses not just your own claim but the points they may raise. In a contractor dispute, that means remedial quotes, photos of incomplete work, and records of every conversation about the project scope and payment terms.

Document everything the respondent might use: if they claim you agreed to additional charges, have the original written quote and any messages where you discussed the price. If they say you delayed the project, have a timeline showing who caused what.

The Costs of a Defended Case

A disputed claim may lead to a Case Management Discussion, mediation, a hearing, or a decision without a hearing. Further steps can mean more time and outlays. Sheriff Officer service for additional documents, witness expenses, and the time you spend preparing evidence and attending court all add up. The statutory expenses caps still apply — so even if you win, you may not recover all your costs on a claim under £3,000.

Weigh whether accepting a negotiated settlement (even at a discount) gets you a faster, cheaper result than contesting the claim through further procedure.

Next Steps

The Scotland Simple Procedure filing guide covers response scenarios — including how to respond to Form 4A, prepare your evidence for a defended hearing, and calculate expenses using the post-Cabot v Walls process.

See more Scotland guides →