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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11123
Experience:  30 years as a practising solicitor.
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Can the pursuer of a small claim action upgrade the civil action

Resolved Question:

Can the pursuer of a small claim action upgrade the civil action to summary cause? Does he have the right to do so? If so, what are the conditions for switching from small claim to summary cause?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The pursuer does not have a right to ask for the action to be transferred to another procedure such as summary cause. He can ask the sheriff for permission to do so if the sum sued for has to be increased or if there is a point of law which would make small claim procedure inappropriate.

I would be happy to advise further if you can explain your situation a little more.

I hope this helps. Please leave a positive response so that I am credited for my time.
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