Example Simple Procedure claim
An example of what you might write on the Simple Procedure claim form.
You can download the claim form from the Scottish Courts Website.
Parts A - C
These are straightforward, seeking details of your own, your representative's (if any), and the respondent's contact details.
D1 Background
Summarise the background to the case. A page of typed A4 is about the length you should aim for.
You could say something like:
The defender, Mrs Smith, is a co-owner of the tenement building at 12 Smith St, Falkirk, FK6 2GB.
In January 2016, a roof leak was discovered. A letter (C1) was sent to all owners on the 1st March 2016 informing owners that the roof repair was required and that three building firms had been approached to provide quotations for the repair, but that only one quote of £1,400 plus VAT had been obtained from McSween Builders (C2). The letter (C1) further stated each owner's share, asked for owners to agree to this essential repair within 14 days, and to deposit the appropriate sum in the communal Stair Account. Mrs Smith did not reply and a further letter (C3) was sent informing Mrs Smith that five of the eight owners had agreed to pay their share of costs. Again, Mrs Smith did not reply and subsequently, in response to a telephone call, Mrs Smith said she thought the quote was too expensive and suggested her brother-in-law could carry out the works for £500 in cash. Other owners were again contacted and the majority rejected Mrs Smith's offer, concerned about the quality of work her brother-in-law might carry out, the fact that he had no qualifications, and proposed to use no appropriate health and safety measures. The work was carried out by McSween Builders in May 2016. Five of the other owners paid their share of costs (£210 each) in advance and two paid on completion of the work. Mrs Smith offered to pay £62.50, this being one eighth of the share of £500, the sum her brother would have charged. This offer was refused. The claimant has temporarily paid the remaining cost of the repair and is now seeking full payment plus interest and expenses from Mrs Smith.
D2 Where did this take place?
Give the address of the flat belonging to the owner who you are claiming against. In this example, it would be 12 Smith St, Falkirk, FK6 2GB.
D3 /D4 Consumer credit
This is unlikely to be relevant.
D5 What you want from the respondent
You can ask for:
- a sum of money (with interest)
- something delivered to you with the alternative of a stated sum of money to be paid if they do not deliver what you have asked for - e.g. show you evidence that they have adequate common insurance
- some action that the respondent must take - e.g. give access to their flat to allow repairs to be carried out
Explain how you have calculated the sum of money requested. For example, the total bill; the respondent's share according to title deeds or Tenements Act; interest on the amount due.
D6 Claim expenses
This might include your court expenses, the cost of travelling to court etc.
D7 Why should your claim be successful?
Cite here any legal background to this claim, such as the terms of your title deeds, provisions of the Tenements Act etc.
For example:
There are eight flats in the tenement block and the title deeds (C4 page 3) say that each owner should pay an equal share. Mrs Smith is refusing to pay her fair share and the costs are being carried by other owners in the tenement, some of whom find difficulty in paying their own share of repairs costs.
The title deeds do not make any further reference to how repairs should be organised and accordingly provisions of the Tenements (Scotland) Act 2004 Section 2.7 were followed and all owners contacted by letter. The Tenements (Scotland) Act 2004 Schedule 1 Rule 1.5 states that these works are maintenance and require a majority decision of owners for work to proceed. All decisions were taken in accord with these rules.
D8 Attempts to settle the dispute
Mrs Smith has been asked to pay on several occasions and does not reply to owners' letters.
E1 Witnesses
These could be a builder or surveyor if there is a dispute about the work being necessary or best value.
E2 Numbered list of documents
E.g.: copy of the title deeds, copy of estimates, copy of surveyors report. Ensure you have summarised what they say in D1.
E3 Other evidence
Good evidence will include letters, receipts, contracts, photographs. You will shortly be able to lodge evidence electronically.
You must provide evidence at least 14 days before any hearing at which evidence is required.
Send two copies of the form to the Sheriff Court.
Further information