In Scotland, actions that have a value of under £5,000 tend to be raised as small claims court actions. There are some exceptions to this however but the general rule is that where actions are for values of £5,000 or less, they must be raised in a small claims court.
There are some rather unusual provisions which affect small claims court hearings. Firstly, it is important to understand that any award of expenses is restricted, even if you are successful in the action. In certain circumstances, it could even prove to be uneconomic to raise a small claims court action depending upon the facts and circumstances of each case.
It is also extremely important to understand whether there are other attractive remedies rather than raising a small claims court action.
Civil Legal Aid is not available for small claims court actions. If however, you wish to proceed with litigation in the small claims court, we are more than happy to be of assistance either in an advisory capacity or in representing you at Court.