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Debt Advice Handbook Scotland 1st ed - with new material

Introduction

The ordinary cause procedure was introduced in Schedule 1 of the Sheriff Courts (Scotland) Act 1907. It was amended by the Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 (the ‘Ordinary Cause Rules’).1SI 1993 No.1956 It is used in the sheriff court for most money claims over £5,000 (and, from 2014, to a maximum of £100,000). It is a complex procedure which has been amended many times since its introduction, and it can be costly for all the parties involved.

Ordinary cause procedures cover more than money claims, they can be used in actions for:

•personal injuries claims;
•family actions, including divorce;
•dissolution of civil partnership
•applications for orders relating to children – eg, residence and contact.

Although an experienced debt adviser can represent in certain aspects of an ordinary cause action, it is recommended to get expert legal advice.

Most debt advisers see clients who are being pursued under ordinary cause for repayment of debt. Actions under ordinary cause can be raised for a variety of different debt types including:

•credit cards;
•personal loans;
•store cards;
•mortgage arrears;
•hire purchase agreements.

 

1     SI 1993 No.1956 »