Small Claims (Hansard, 20 December 1994)

§ Mrs. Roche
To ask the Parliamentary Secretary, Lord Chancellor's Department what resources are available to provide plaintiffs with legal advice in small personal injury claims.

Mr. John M. Taylor
Plaintiffs who meet the financial criteria would be eligible for legal advice under the green form scheme. Payments under this scheme for advice on accidents and injuries totalled almost £8.4 million in the financial year 1993–94.

§ Mrs. Roche
To ask the Parliamentary Secretary Lord Chancellor's Department if he will list the statutes which govern(a) consumer cases worth less than £1,000 and (b) personal injury cases worth less than £1,000.

Mr. John M. Taylor
There are no statutes specific to small claims in either category. The County Courts Act 1984 provides the power to prescribe the cases to be referred to arbitration and the procedures to be followed on any such reference. Other general legislation applies both to small claims and to larger claims.

§ Mrs. Roche
To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment his Department has made of the safeguards necessary to ensure that plaintiffs and defendants in personal injury cases worth less than £1,000 are equal contestants.

Mr. John M. Taylor
In its judgment in Afzal-v.-Ford Motor Co. Ltd. the Court of Appeal gave its view that the potential for inequality of representation is present in all cases where the means of the parties are unequal. However, county court rules governing the small claims procedure allow for a party to be represented by someone other than a lawyer, and provide for the arbitrator to adopt a method of procedure which will give both parties an equal opportunity for their case to be presented.

§ Mrs. Roche
To ask the Parliamentary Secretary, Lord Chancellor's Department how many personal injury cases worth less than £1,000 have been decided in the small claims procedure since the small claims limit was raised to £1,000.

Mr. John M. Taylor
The information requested is not available for the stated period and could be obtained only at disproportionate cost. However, available statistics indicate that approximately 300 personal injury cases are currently concluded by arbitration each month.

§ Mrs. Roche
To ask the Parliamentary Secretary, Lord Chancellor's Department in what proportion of small personal injury claims(a) defendants and (b) plaintiffs are represented by solicitors or barristers.

Mr. John M. Taylor
The information requested is not collected and could be obtained only at disproportionate cost.