Letter of Intention to Start Simple Procedure (Scotland)

This letter can be used by an individual or a business to notify someone that they will be taking them to court to settle a dispute. The document can only be used where the intention is to initiate a claim at the Sheriff Court using Simple Procedure in Scotland. At least one of the parties to the future claim must therefore be based in Scotland. Should the parties wish to raise a claim in the courts of England and Wales they may use a different type of letter.

The Simple procedure is a court process which is designed to resolve small disputes. More information about the Simple Procedure can be found on the Scottish Courts and Tribunals website. The document may be used where the sender wishes to make a claim under the Simple Procedure, and wishes to obtain an order that the recipient must:

• a pay them a specific amount of money;
• deliver moveable goods/property to them (i.e. not an immovable piece of land, building or house);
• carry out a specific act (for example repairing something).

It is important to note that this document may only be used where the claim for money does not exceed £5000. If the sender is intending to make a claim for the delivery of goods or that the recipient must carry out a specific act, the value of the act or goods must also not exceed £5000 and this amount must be included as an alternative claim for money (and must not have any additional claim for the payment of a sum of money).

The document provides a simple template which allows the details of the dispute to be set out, the basis of the claim and what the intended claim shall be for. It is important that before such a claim is lodged, the person or business making the claim has tried to settle the dispute by other means. Therefore, the document also allows for the suggestion of any methods of Alternative Dispute Resolution (ADR) that the parties may wish to engage in before resorting to going to court. More information on and example of ADR can be found of the Scottish Government's website. The sender may also wish to consider referring the matter to any appropriate Ombudsman in order to resolve the matter prior to any court proceedings.

This document cannot be used where the claim is for more than £5000 or concerns non-moveable property. It also cannot be used where there is no alternative claim for money where the claim is for the delivery of goods or for an order that the recipient must carry out a specific act.

How to use the document

Once the document has been filled in and completed as accurately as possible, it should be signed by the person who intends to make the claim or by an authorised representative of the business that intends to make the claim. It should then be sent to the party the claim will be made against. It is acceptable to send the letter via post or electronically via email. If the letter is to be sent via post, it can be helpful to send the letter by recorded delivery post to prove that the letter has been delivered and that relevant attempts to settle the dispute have been made. If the letter is to be sent via email, it is acceptable to electronically sign it.

The recipient of the letter should be given a reasonable amount of time to respond to the letter before the claim is initiated. This is to allow the recipient to consider whether they wish to take any action in order to settle the matter, and to obtain legal advice if so desired. The deadline will vary depending upon the circumstances, however it will usually be between two to four weeks. The deadline in relation to this will be made clear within the letter.

Where no response is received or where it fails to resolve the dispute, the claim should be progressed.

Relevant law

Simple Procedure Rules

Act of Sederunt (Simple Procedure) 2016

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.