New guidance has been issued by the Sheriffs Principal to achieve a consistency of approach across the Sheriff Courts in managing Summary Cause proceedings raised under the Housing (Scotland) Act 2001.

The guidance applies to all matters in which repossession is sought and also includes current sisted cases and cases already warranted which have not yet called for a first hearing.

The key takeaway points from the guidance are as follows: 

• Where cases are continued or adjourned, the court will only now do so on one occasion only for a period of up to 12 weeks.  No further continuations will be granted by the court unless in exceptional circumstances. 
• Cases will no longer be sisted unless the Sheriff is satisfied that the circumstances are "exceptional" enough to warrant sisting. The guidance does not define exceptional circumstances. What is considered exceptional will be up to the Sheriff's discretion. 
• Where parties have an agreed position and are seeking the case to be deal with administratively, the pursuer must lodge a Form A (see Appendix 1 to the guidance) with the court at least 2 working days before the hearing. Form A requests information about the parties and the reason for seeking the case to be dealt with administratively. 
• All hearings of a procedural nature and hearings where evidence is required to be led will be conducted in person. However, the court will facilitate appearances by electronic means in certain circumstances. 

It is hoped that the guidance will encourage cases to be resolved summarily. Where appropriate, the court is also encouraging that cases be dealt with administratively. This will save on time and costs. 

All amendments will take effect from 13 July 2022. 

If you have any questions please get in touch. The new guidance can be found here.