Choosing a court or procedure

This section outlines the reasons behind court or procedure selection.

Generally, which civil court an action is raised in and the procedure used will depend on:

• whether a court has jurisdiction over the defender

• the subject matter of the action

• the monetary value of the claim (if any).

Usually the pursuer must raise the action in the court that has jurisdiction over the defender. This will either be her/his local sheriff court, The First Tier Tribunal Housing and Property Chamber or the Court of Session. In actions relating to property, for example eviction, the action will be raised in either the sheriff court district in which the property is situated, the First Tier Tribunal Housing and Property Chamber or the Court of Session.

In some cases the subject matter determines the court in which an action is to be raised. Most cases relating to social housing can be raised in the sheriff court. Most cases relating to private rented housing can be raised at the First Tier Tribunal Housing and Property Chamber. Actions of reduction (actions to set aside something) and petitions for judicial review can only be raised in the Court of Session. If cases are particularly complex or involve a lot of money they are usually brought in the Court of Session.

The monetary value of a claim can also determine what type of action is raised:

• Cases for sums less than £5,000 (not rent arrears) are simple procedure actions and are heard in the sheriff court.

• Actions for eviction  from social rented housing are generally summary cause actions. These are heard in the sheriff court.

• Actions for eviction or repairs in relation to private rented housing are almost always heard at the First Tier Tribunal Housing and Property Chamber. However, actions for eviction of common law tenants and some actions in relation to damages due to repairs may still be required to be raised in the sheriff court.

• Cases for sums of more than £5,000 must be either be raised in the sheriff court as an ordinary action or in the Court of Session (for example commercial disputes involving large sums of money).