Written answers

Tuesday, 15 July 2014

Department of Justice and Equality

Court Procedures

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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575. To ask the Minister for Justice and Equality if she will investigate the urgent need to reform the small claims court along the lines of its counterparts in Northern Ireland, the UK, Canada and Australia where restrictions do not apply to hire-purchase agreements, breach of leasing agreements and debts; and if she will make a statement on the matter. [31008/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, 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 include:

- a claim in respect of goods or services bought for private use from somebody selling them in the course of a business (consumer claims)

- a claim in respect of goods or services bought for business use from somebody selling them in the course of a business (business claims)

- minor damage to property (excluding personal injuries) and

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

From its inception the procedure was designed to handle claims cheaply without involving a solicitor. The District Court Clerk, in his/her capacity as the Small Claims Registrar, processes the claims. Where possible, the registrar will negotiate a settlement without the need for a court hearing. Almost half of the claims that proceed are settled in this way. If the matter cannot be settled the registrar will bring the claim before the District Court.

As the Deputy is aware, 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. In addition, the Courts Service has indicated that the Small Claims procedure is extremely resource intensive requiring multiple contacts with applicants and respondents in order to reach agreement on the claim. A priority for the Courts Service is to maintain the delivery of front-line court services and an appropriate level of service to court users.

The matter is kept under review by my Department, however, there are no plans to extend the scope of the small claims procedure at this time.

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