The Sheriff Court (Scotland)

What the The Sheriff Court (Scotland) does

Civil sheriff court business covers debt, damages, contract disputes, housing, and most family actions including divorce and arrangements for children. Simple procedure handles claims up to £5,000 with plain forms and an emphasis on resolution; ordinary cause covers larger and more complex claims. On the criminal side the sheriff sits summarily, deciding cases alone, or on solemn procedure with a jury of fifteen for more serious matters. Justice of the Peace courts deal with the least serious offences, and the High Court of Justiciary takes the most serious.

What it hears

• Simple procedure claims up to £5,000 — debt, faulty goods, deposits
• Ordinary cause actions above £5,000 — damages, contract, property
• Family actions — divorce, financial provision, arrangements for children
• Summary criminal cases before a sheriff sitting alone
• Solemn criminal cases before a sheriff and a jury of fifteen

Before your first court date

Write to the other side first setting out what you want and why, with a deadline. Check the time bar — many Scottish obligations prescribe after five years, which is shorter than the English equivalent, and personal injury actions generally have three. Identify the correct defender precisely, and raise the action in the right sheriffdom. If you are responding, do not ignore the papers: a decree in absence can be granted against you and enforced.

What happens at your first appearance

Simple procedure is largely a written process managed by the sheriff, who may resolve the claim on the papers, hold a case management discussion or fix a hearing, and who will actively encourage settlement. Ordinary cause follows a structured timetable of written pleadings, options hearing and proof. In criminal cases the first appearance deals with plea, bail and, on solemn procedure, committal, and the time limits that follow are strict.

What to prepare

• The contract, invoices, receipts and correspondence, in date order
• A short written chronology with dates and amounts
• Photographs, reports or quotes evidencing loss or defect
• Details of the defender — exact name, address and legal status
• Any pre-action correspondence and the replies to it

When to get legal advice

This page is general legal information, not legal advice. Scots law differs from the law of England and Wales in ways that catch people out, particularly on time bar and on family and property rights. Simple procedure is genuinely usable without a lawyer; ordinary cause generally is not. Legal Hotline's free line explains the process any hour on 0800 007 4103, and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Where it is

Official sources