Simple procedure was introduced by the Courts Reform (Scotland) Act 2014 to replace the procedure for small claims as well as some summary cause actions raised on or after 28 November 2016. The Simple Procedure Rules (SPR) are set out in Sch. 1 to the Act of Sederunt (Simple Procedure) 2016. The various forms to be used in simple procedure are set out in Sch. 2. It should be noted that the small claims rules still apply to actions raised before 28 November 2016.

The underlying principles of simple procedure are set out in SPR r. 1.2:

• (1) Cases are to be resolved as quickly as possible, at the least expense to parties and the courts.

• (2) The approach of the court to a case is to be as informal as is appropriate, taking into account the nature and complexity of the dispute.

• (3) Parties are to be treated even-handedly by the court.

• (4) Parties are to be encouraged to settle their disputes by negotiation or alternative dispute resolution, and should be able to do so throughout the progress of a case.

• (5) Parties should only have to come to court when it is necessary to do so to progress or resolve their dispute.

Simple procedure must now be used for any new case raised if it is a type of case listed in s. 72(3) of the Courts Reform (Scotland) Act 2014 as a relevant claim namely:

• (a) proceedings for payment of a sum of money not exceeding £5,000,

• (b) actions of multiplepoinding where the value of the fund or property that is the subject of the action does not exceed £5,000,

• (c) actions of furthcoming where the value of the arrested fund or subject does not exceed £5,000,

• (d) actions ad factum praestandum, other than actions in which there is claimed, in addition or as an alternative to a decree ad factum praestandum, a decree for payment of a sum of money exceeding £5,000,

• (e) proceedings for the recovery of possession of heritable property or moveable property, other than proceedings in which there is claimed, in addition or as an alternative to a decree for such recovery, a decree for payment of a sum of money exceeding £5,000.