Small claims: Recent developments in Scotland

Abstract

The Parliament of the United Kingdom has recently passed legislation permitting a small claims procedure to be created in Scotland. This paper explains that this was necessary because of the inadequacies of the present court procedures which are too complicated, too expensive and too slow. The campaign, conducted mainly by consumer organisations, for such a procedure is described, as is the Dundee Experimental Small Claims Scheme which was set up to test the viability of a small claims procedure within the Scottish court system. The relevant legislation, section 18 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is analysed and the paper ends with a discussion of the issues still to be addressed by the government committee which will devise the detailed rules of the scheme.