Simple Procedure vs Ordinary Cause in Scotland: Which Court Track for Your Claim?

The £5,000 Dividing Line

Scotland's Sheriff Court runs two main tracks for civil money claims, and the dividing line is straightforward: claims for £5,000 or less go through Simple Procedure, while claims above £5,000 follow Ordinary Cause rules. That threshold applies to the principal sum only — interest and court expenses are excluded from the calculation.

Both tracks operate in the same Sheriff Courts, heard by the same sheriffs. But the procedures, costs, timelines, and complexity differ substantially.

Simple Procedure: Built for Self-Representation

Simple Procedure was introduced by the Courts Reform (Scotland) Act 2014 to replace the old Small Claims and most Summary Cause procedures. Its design priorities are speed, low cost, and accessibility for people without lawyers.

Key features:

• Filing fee: £23 for claims up to £300; £127 for claims between £300.01 and £5,000
• Filing method: Civil Online portal (paper filing requires Sheriff approval)
• Claim form: Form 3A — structured fields rather than formal legal pleadings
• Evidence rules: Relaxed under Section 77 of the 2014 Act; strict evidentiary rules don't apply
• Hearings: Informal, designed for non-lawyers; no formal transcription
• Expenses: Statutory limits generally cap expenses — no solicitor expenses for claims of £300 or less, up to £150 for claims over £300 and up to £1,500, and 10% of claim value for claims over £1,500 and up to £3,000. Court outlays remain recoverable, exceptions apply, and claims over £3,000 are uncapped under the Limits Order but governed by judicial expenses rules.
• Appeals: Only on a point of law, to the Sheriff Appeal Court (£74 fee)

The process is designed so that someone with a clear paper trail and a genuine claim can file, serve, and present their case without a solicitor.

Ordinary Cause: Full Civil Procedure

Ordinary Cause applies to claims above £5,000 and follows the fuller procedures set out in the Ordinary Cause Rules. The process requires formal written pleadings (an Initial Writ rather than a form), which must follow specific legal conventions that are difficult to navigate without legal training.

Key differences:

• Filing fee: Significantly higher than Simple Procedure
• Pleadings: Formal legal drafting with detailed articles of condescendence and pleas-in-law
• Evidence rules: Standard rules of evidence apply in full
• Procedure: Multiple procedural hearings (Options Hearings, debates, proofs) before any final hearing
• Expenses: No statutory caps — the losing party typically pays the winner's judicial expenses, taxed by the Auditor of Court
• Timeline: Cases routinely take 12–18 months or longer
• Appeals: Broader grounds than Simple Procedure

Most self-represented litigants find Ordinary Cause procedure extremely difficult to manage without professional help.

Claims That Don't Fit Either Track

Some disputes are excluded from both Simple Procedure and Ordinary Cause in the Sheriff Court:

• Personal injury claims: Must go to the Sheriff Personal Injury Court or Ordinary Cause
• Residential tenancy deposit disputes: Exclusive jurisdiction of the First-tier Tribunal for Scotland (Housing and Property Chamber)
• PRT eviction and rent disputes: Also routed to the Housing and Property Chamber
• Purely non-monetary claims: Simple Procedure requires a money element — a standalone order for specific performance needs an alternative monetary prayer

Making the Right Choice

If your claim is for £5,000 or less, Simple Procedure is almost always the right track. The lower fees, simpler forms, and relaxed evidence rules make it feasible to handle without a solicitor. The expenses caps also mean your financial risk is limited if things don't go your way.

If your claim is above £5,000, you're in Ordinary Cause territory. At that level, the complexity of the procedure and the higher financial stakes usually make legal representation a practical necessity.

For claims hovering near the boundary, consider whether it's worth capping your claim at £5,000 to stay in Simple Procedure. You'd give up the excess, but you'd save substantially on legal costs and timeline. The Scotland Simple Procedure Guide walks through every stage of the process for claims within the £5,000 limit.

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