The Simple Procedure Rules were introduced on 28th November 2016. Since that date, all debt recovery actions for payment of money for sums of £5,000 or less were required to be raised via a court process known as “Simple Procedure”. Where the claim seeks certain other Orders, for example, repossession of a property which includes payment of money, £5,000 or less, Simple Procedure is not the appropriate procedure.
Simple Procedure is designed as a means of allowing the Court to determine cases quickly and in a cost-effective manner. The principles of Simple Procedure include that the approach of the court is to be as informal as appropriate and also that parties are encouraged to settle their disputes by negotiation or alternative dispute resolution.
The individual raising a Simple Procedure claim (“the claimant”) provides the Court with all of the information required to determine the case from the outset of the claim. If the individual who the claim is raised against (“the respondent”) intends to defend that claim, then they must lodge a Response Form setting out their defence. If a Response Form is lodged, it is then for the Court to determine the next steps procedurally. There are various options available to the Court, however it may, for example, assign a hearing (known as a “Case Management Discussion”) or it may refer parties to alternative dispute resolution (for example, mediation).
On 1st December 2020, temporary rules were introduced which made it mandatory for Simple Procedure claims to be raised via an online platform known as “Civil Online”. Civil Online enables parties involved with a Simple Procedure case to progress and monitor their case using a digital service. From 31st March 2022, these temporary rules to use Civil Online will become permanent. If a party is unable to use digital services, however, there will remain the option for applications to still be submitted in paper format.
This brief guide is intended to assist with some initial questions which you may have regarding Simple Procedure. If you would like more information or advice, please don't hesitate to contact our team.
