Written answers

Wednesday, 29 June 2011

Department of Justice, Equality and Defence

Small Claims Court

9:00 pm

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Question 175: To ask the Minister for Justice and Equality his plans to increase the threshold of claims that may be brought to the Small Claims Court; and if he will make a statement on the matter. [17732/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The current maximum value of cases that can be taken under the small claims procedure of the District Court is €2,000. This limit was set in 2006 and was last reviewed in 2009 in advance of the expansion of the scheme to cater for business to business claims of the same nature which came into effect on 5 January 2010. I am informed that the review found that the existing limit was appropriate and should remain unchanged as an increase risked a negative impact on the level of service provided by Small Claims Registrars throughout the country. The procedure is labour intensive but provides a satisfactory service at present.

In addition, new European Small Claims Procedures, provided for under Regulation (EC) No. 861/2007, were introduced in 2009. These procedures also provided for a maximum claim limit of €2,000.

My Department will continue to keep the matter under review.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Question 176: To ask the Minister for Justice and Equality if a company contracted by a person to provide a service to that person may bring seek redress from that person through the Small Claims Court for non-payment of the aforementioned service; and if he will make a statement on the matter. [17733/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The small claims procedure of the District Court is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in the local District Court offices. Typical claims are:

a claim in respect of goods or services purchased from somebody selling them in the course of a business

minor damage to property (excluding personal injuries) and

the non-return of a rent deposit for certain types of dwellings.

Since 5 January 2010 the procedure has been expanded to allow for business to business claims of the same nature. The procedure does not cover claims in respect of debts, personal injuries or breaches of leases or higher purchase agreements. Generally such cases may be more effectively and speedily dealt with by way of civil bill. However I have requested my officials to review the matter.

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