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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Name of the rules/act governing Summary Cause procedure?
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Act of Sederunt (Summary Cause Rules) 2002
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Current fee for a summons in the Sheriff Court in Summary Cause proceedings?
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£65
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What is the fee for a defender to respond, repone etc?
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£80
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What does domicile mean?
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A person’s domicile is the state, territory or country that is regarded as his or her permanent home.
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What does jurisdiction mean?
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The courts authority to hear a particular case either due to the type of action, its complexity, its value, the domicile of the defender or the location of the performance of a contract relied upon.
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How is the pursuer/defender represented in court? e.g. can they represent themselves?
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The defender and pursuer are free to represent themselves in a summary cause proceeding however it is advisable to obtain legal representation or advice as judicial expenses are normally awarded to the winning party.
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What are some of the considerations which must be taken when deciding if taking legal action is the best course of action?
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> Is the defender able to pay?
> Are they solvent/bankrupt? > Can you afford to go to court? > If it is a company, are they still trading? |
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Where do you raise a Summary Cause action?
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In the SHERIFF COURT (per The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007).
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All summary cause claims must be for values between £3000 - £5000 and must be raised in the relevent Sheriff Court.
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How do you decide which Sheriff Court to raise an action?
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1. The Sheriff Court within the Sheriffdom within which the defender lives or has his place of business.
An exception to this is where the action relies on a 'consumer contract'. A consumer may raise an action in a court where they live OR where the shop is located. However, if a business was taking an action against a consumer it must be within the Sheriffdom where they live. |
If the defender does not live in Scotland you may still be able to take action against them and there are special rules for this.
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Service must be by
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A Sheriff Officer (personal service)
A Solicitor (by post) |
If the claim relates to a breach of duty under the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Equality Act (Sexual Orientation) Regulations 2007, or the Equality Act 2010, a copy of the summons must also be sent to the Commission for Equality and Human Rights.
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How do you ask the court for a decree if the defender does not respond to the summons?
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Complete and lodge a Form 17 (Form of minute – no form of response lodged by defender)
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How do you vary or change a part of your claim when a summons has already been sent to the court and served on the defender?
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By making an incidental application to the court or by asking the Sheriff on the calling date to amend the claim.
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Incidental applications can also be made for:
> An order for recovery of any documents which might help prove the case (such as work records) when these cannot be otherwise obtained > A request to postpone the date of any hearing > A request to transfer the case to another sheriff court > An order for payment of an alternative sum claimed where the defender has failed to comply with a previous court order > A request for a witness to give their evidence via a live TV link |
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What does Ad factum praestandum mean?
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An obligation to do or perform some act (other than the payment of money)
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What does Absolvitor mean?
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An order of the court granted in favour of and exonerating the defender which means that the pursuer is not allowed to bring the same matter to court again.
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What is a remit to a person of skill?
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Sometimes, it may be necessary to ask the court for a report from someone who has specialist knowledge.Once submitted any such report cannot be challenged by the parties. This means that the sheriff will accept whatever opinions it contains on matters of fact and pay heed to these in deciding the case.
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When does a party have to find caution?
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When not represented by a solicitor and when calling witnesses. (for the payment of witness expenses)
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Appeals to the Sheriff Principal must be
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> On a point of law
> Lodged within 14 days of the courts final judgement in the case (fee £32) |
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A further appeal to the Court of Session is:
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> Only permitted with the permission of the Sheriff Principal and only permited on a point of law
> and must be lodged within 14 days following the decision of the Sheriff Principal |
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