Civil justice statistics in Scotland: 2013-2014

6. Debt

Debt cases have nearly halved since 2008-09

Over three-quarters of debt cases were small claims

Less than one in ten debt cases were defended

Scottish Crime and Justice Survey

Three per cent of respondents to the 2012-13 Scottish Crime and Justice Survey reported having money and debt problems. The highest prevalence of money and debt issues was in the 25 to 44 age group, with five per cent reporting a problem. Owner-occupiers had the lowest prevalence of money and debt issues (two per cent), in contrast to social renters and those in private rented accommodation (both six per cent). Those who live in areas of multiple deprivation were also more likely to report an issue related to money and debt (five per cent) than the rest (three per cent). The prevalence of money and debt problems was the same for both urban and rural dwellers (three per cent).

Courts

Where there is a dispute over a debt and a creditor wishes to enforce their right for payment for goods sold, services provided or money lent they can raise a debt case in court. There are multiple routes to debt management or resolution of debt issues of which raising a case in court is just one. The Scottish Legal Aid Board has reported on the availability and accessibility of legal services in relation to debt in their second monitoring report.

Only where a debt involves a very complex legal dispute or is high value is it likely to be raised in the Court of Session and just three cases were initiated in the Court of Session in 2013-14. Debt cases in the sheriff court can be raised as small claim, summary cause or ordinary cause cases depending on the value of the case. Ordinary cause cases may use either the ordinary or commercial procedure.

There were 35,390 debt cases initiated across the sheriff courts and Court of Session in 2013-14. This was similar to the number initiated in 2012-13 but 46 per cent lower than the 65,798 cases initiated in 2008-09 (Figure 13 and Table 11). One possible reason for this is the economic downturn which has led creditors to feel there is little to gain from pursing a court action where there little chance of recovering what is owed.

Over three quarters (78 per cent) of debt cases initiated in 2013-14 were small claim. Ordinary cause - ordinary procedure and summary cause cases made up most of the rest of the cases and ordinary cause - commercial procedure cases accounted for less than one per cent of initiated debt cases.

Across all debt case types five per cent were defended (excluding absolvitor disposals). Sixty two per cent of debt cases were disposed in favour of the pursuer (Table 12).

Figure 13: Debt cases in the civil courts

Table 11: Debt cases initiated and disposed of in the civil courts, by case type, 2008-09 to 2013-14

1. Figures for initiations and disposals do not necessarily refer to the same cases.
2. Court of Session statistics for 2013-14 corrected November 2015.

Table 12: Debt cases initiated and disposed of in the civil courts, by case type and final disposal, 2013-14

1. Figures for initiations and disposals do not necessarily refer to the same cases.
2. Court of Session statistics corrected November 2015.