Dáil Éireann Debate, Wednesday - 20 March 2024
888. Deputy Ged Nash asked the Minister for Justice if she will consider amending the relevant legislation to allow for claims to the value of up to €5,000 to be handled by the Small Claims Courts; if she is aware that the €2,000 ceiling currently in place is €3,000 lower than the European Small Claims Procedure allows; and if she will make a statement on the matter. [12324/24]
View answerThe thresholds regarding the value of claims handled by the Small Claims Court are set in District Court rules, and as such are a matter for the Rules Committees.
As the Deputy is aware, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Minister has no role in these functions.
S.I. No. 519 of 2009, District Court (Small Claims) Rules 2009, sets out the upper ceiling of €2,000 for small claims. The monetary limit for small claims is fixed by Rules of Court, and any amendment to Rules of Court is a matter for the relevant Court Rules Committee.
The Deputy may also be aware that Regulation (EU) 2015/2421 of the European Parliament and of the Council provides that a claim with a value not exceeding €5,000 can be made under the European Small Claims Procedure. This regulation has applied since 14 July 2017, and applies to cross-border cases only.
