Simple Procedure

Question 1

What act covers Simple Procedure rules?

Answer 1

Act of Sederunt (Simple Procedure) 2016

Question 2

What are the parties referred to as in Simple Procedure?

Answer 2

Claimant & Respondent

Question 3

What does Simple Procedure deal with?

Answer 3

Monetary claims <£5,000

For delivery/repossession of moveable property only when there is an ALTERNATIVE claim for payment <£5,000

Question 4

What is the usual period between the last date for service and the last date for response on a Simple Procedure timetable?

Answer 4

3 weeks

Question 5

Can an action for recovery of a vehicle be raised under Simple Procedure?

Answer 5

Yes, if there is an alternative crave for a sum <£5,000

Question 6

What form is used for a Simple Procedure timetable?

Answer 6

3D

Question 7

What is the form for the notice of claim in Simple Procedure?

Answer 7

6A

Question 8

What forms are included in an envelope containing Simple Procedure documents served on a respondent?

Answer 8

6A- notice of claim
3D- timetable
3A- claim form
4A- blank response form

5B- blank TTP application if not a ltd company

Question 9

How must Simple Procedure documents first be attempted?

Answer 9

By RD or by email if individual to be served indicates willingness to accept service via email

Recorded Delivery Service Act 1962

Question 10

What is the wording that must be on an envelope when serving Simple Procedure claim forms by RD?

Answer 10

THIS ENVELOPE CONTAINS A SIMPLE PROCEDURE CLAIM FORM FROM (NAME OF SHERIFF COURT) IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT (FULL ADDRESS OF SHERIFF COURT)

Question 11

What is the form for confirmation of formal service in Simple Procedure?

Answer 11

6C

Question 12

How can a Simple Procedure claim form be served when the respondents whereabouts are unknown?

Answer 12

Claimant should complete a service by advertisement application in Form 6B and send it to the court

Question 13

If a respondent does not respond by the last date for response what must a claimant do? (Simple procedure)

Answer 13

Send to the court an application for a decision in form 7A

Question 14

How long must parties wait to enforce a simple Procedure decision?

Answer 14

28 days following ‘date sent’

Question 15

How long do parties have during Simple Procedure cases to apply for recall?

Answer 15

Within 2 weeks of the case being dismissed

Question 16

How long do parties have to appeal in Simple Procedure cases?

Answer 16

Within 4 weeks of the decision being sent

A PARTY CANNOT APPEAL A DECISION IF IT HAS ALREADY BEEN RECALLED

Question 17

What is the form for a Simple Procedure decision form?

Answer 17

13A