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Closed petition PE2205: Extend access to justice by reforming court rules in equality and human rights claims
Calling on the Scottish Parliament to urge the Scottish Government to:
- remove or raise the £5,000 monetary limit in Simple Procedure for claims brought under the Equality Act 2010 and Human Rights Act 1998; and
- extend Qualified One-Way Cost Shifting (QOCS) to cover equality and human rights claims.
Background information
I am petitioning to ensure vulnerable individuals who can’t afford or access legal representation are not deterred from seeking justice due to financial risks.
The current civil justice framework prevents many ordinary people from enforcing their rights. Under Simple Procedure, individuals can only bring claims worth up to £5,000, excluding many discrimination and human rights cases. Claims above this value must be raised under Ordinary Cause, a complex and costly process that usually requires legal representation. Additionally, some personal injury actions under £5000 must be raised using another procedure called summary cause. The systems in Scotland are too complex for an ordinary person to access. This contrasts with England and Wales whereby the small claims systems have higher thresholds (£10000) and any claim starts by filling in a form in the Court outlining your statement. This allows unrepresented parties to use the civil justice framework with ease and without the need for a Solicitor. Finally, the legal aid situation has not improved in Scotland.
This petition was considered by the Scottish Parliament
16 signatures