
2016 No. 388
Sheriff Court
The Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016
Made 22nd November 2016
Coming into force 28th November 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 81 of the Courts Reform (Scotland) Act 2014 and all other powers enabling them to do so.

In accordance with section 133(2)(a) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1 
This Order may be cited as the Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016 and comes into force on 28th November 2016.
Category of simple procedure cases in which no award of expenses may be made
2 
No award of expenses may be made in a simple procedure case in which the value of the claim is less than or equal to £300.
Categories of simple procedure cases in which expenses awarded may not exceed prescribed sum
3 
In any simple procedure case in which the value of the claim is—
(a) greater than £300 but less than or equal to £1,500, the expenses awarded by the sheriff may not exceed £150;
(b) greater than £1,500 but less than or equal to £3,000, the expenses awarded by the sheriff may not exceed 10% of the value of the claim.
Exceptions
4 
This Order does not apply to the following types of simple procedure case—
(a) actions in respect of aliment and interim aliment;
(b) actions of defamation; or
(c) actions for personal injury to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 apply.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd November 2016