Expenses in undefended small claims action

The rules on expenses in Scotland can be complicated, for example, if a bank does not defend a small claims action (or having stated a defence does not proceed with it) then the protection of the restricted small claims expenses (eg. no expenses if the claim is under £200, or a maximum of £150 for claims up to £1,500 or for claims over £1,500 10 per cent of the value of the claim) does not apply in terms of Small Claim Rule 21.6 (available here).

Instead in that scenario the pursuer (i.e. you) is entitled to claim expenses on the Summary Cause Scale. How much can I recover? Here is an example: your raise an undefended claim for £49.99, if after the Return Date no response form has been received by the court you can Minute for Decree in terms of Small Claims Rule 8.1 - you must Minute in Form 11 (download as pdf).

In the example given you would Minute for the principal sum sued for (eg. £49.99) with judicial interest at 8% per annum until payment with expenses of lodging dues (eg. £8) and the £181.30 block summary cause scale fee, resulting in decree for payment of £49.99, with expenses of £188.30 (all in terms of the example used).

The relevant expenses tables in undefended small claims actions are reproduced below (with links to the relevant statutory instruments):

CHAPTER IV
SUMMARY CAUSES
PART I.—
UNDEFENDED ACTIONS

1. To include—taking instructions, framing summons and statement of claim, obtaining warrant for service, serving, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and sundries..........£181.30
2. Service —
   (a) citation by post wheresoever after the first citation for each party..........£10.80
   (b) framing and instructing service by advertisement—for each party..........£31.85
3. Attendance at court..........£31.85

If you are successful in getting charges refunded, let us know at: mail@bankcharges.info.