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Dáil Éireann díospóireacht -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Written Answers - Small Claims Courts.

Alan Shatter

Ceist:

177 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if he will consider amending Statutory Instrument No. 191 of 1999 to enable small claims courts to be utilised not only by consumers but also by others such as retailers and auctioneers who have genuine small claims that could be processed before the small claims court at substantially lesser expense than would arise in District Court proceedings. [11121/01]

The small claims procedure is a special mechanism for dealing with consumer claims within the District Court structure which is designed to handle such claims speedily, inexpensively and informally without involving a solicitor. It is administered by the Small Claims Registrar whose function it is to process the claims and, if possible, reach a satisfactory settlement without the need for a court hearing. Should this prove unsuccessful the claim will go before the District Court judge.

The small claims procedure was initially introduced on a pilot basis in 1991 and was extended nationwide in 1993 following on from the success of the pilot scheme. The current fee payable for using the procedure is £6 and the monetary limit which applies to claims made under the procedure is £1,000. In the event of the matter being referred to the sheriff a further fee of £6 applies, but this amount is refunded if the sheriff succeeds in executing the court order. This may be done in any case where a party does not comply with the court order.

To avail of the procedure a consumer must have bought goods or services for private use from someone selling them in the course of business. Claims may be made for bad workmanship or faulty goods as far as most everyday transactions are concerned but not for debts or personal injuries. When the scheme was extended in 1993, the non-return of rent deposits and minor damage to privately-owned property were included.

The operation of the small claims procedure, which is essentially consumer focused, was reviewed in 1999 and such issues as the monetary limit which applies and the scope of the procedure were examined. Following the review, I increased the monetary limit which applies to claims made under the procedure from £600 to £1,000. The review committee considered that the broadening of the procedure to include small businesses would represent a significant expansion of the procedure and one which the Courts Service should examine following its establishment.

The Courts Service has indicated that to effect the kind of change suggested by the Deputies would be likely to change the whole nature of the small claims procedure and would probably have the effect of reducing the current level of service to consumers.

Question No. 178 answered with Question No. 164.

Question No. 179 answered with Question No. 29.

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