Further to discussion between SCTS and the Law Society, Sheriffs Principal have confirmed that in line with the published guidance of 1 June 2020, all simple procedure claims, submitted either via Civil Online, email or paper will be registered provided they were lodged before the receiving court moved into phase 2 of its recovery programme, after 15 June.
Courts are now in phase 2 and it has been agreed that new claims can be submitted during this phase, although it is highly desirable that claims lodged during this phase should be in electronic format as per Sheriffdom practice notes. It is also expected that paper claims should only be submitted by those who are not digitally enabled. Paper claim forms received however, will not be returned. In this phase simple procedure claims will be processed in accordance with available resources.
A rule change for mandatory use of Civil Online is being considered by the Scottish Civil Justice Council. To promote access to justice it is envisaged the rule will prove for an exception on cause shown for those unable to use the portal.
In supporting the proposed rule change we anticipate that a digital interface to enable bulk applications submitted online will be available by autumn. Meantime Civil Online is available for use, albeit it is accepted some firms may choose to delay submitting their claims until the digital interface is in place.