Raising and defending actions in court

Whether you are taking a case to court or defending a case, you need to know what to do, what procedure to follow and what some technical legal terms mean, this section can help. If your landlord is taking you to court to try and evict you, you need to look at the pages on summary cause procedure for more information.

Housing laws differ between Scotland and England
This content applies to Scotland only
Get advice if you're in England

  • If someone is taking you to court

    If someone is making a claim against you and taking you to court, there are several different procedures they can follow.

  • Simple procedure actions

    Small claims is the simplest type of civil law case that sheriff courts can deal with.Check the process of raising and defending an action in a small claims court in Scotland.

  • Summary cause actions

    Summary cause procedure deals with claims £3,000 to £5,000. If your landlord is taking you to court to try and evict you, they must use the summary cause procedure.

  • Raising a summary cause action

    If you take someone to court using summary cause procedure, you need to filli in specific forms and follow certain rules. In housing law, summary cause procedure is used in eviction cases.

  • Defending a summary cause action

    If your landlord takes you to court to evict you, it'll be under summary cause procedure. But don't panic - this page tells you how to defend your case and where you can get advice.

  • Ordinary cause actions

    If your case involves a claim for more than £5,000 or is about an issue that involves complicated law (like divorce) it'll be dealt with under ordinary cause procedure. This page explains more.

  • Judicial review

    Judicial review is a complicated process that is only used in certain circumstances. If your case gets to this, you'll need legal advice from a solicitor. Check the what you need to know.

Speak to a Shelter Scotland adviser

Call Shelter Scotland's free housing advice helpline

0808 800 4444
9am-5pm, Monday to Friday

Email an adviser

You can also email a housing adviser. We aim to respond within three working days.

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