Small Claims Cases (Hansard, 16 October 1995)

§ Mr. Peter Atkinson
To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to introduce measures to reduce the delays which occur at small claims courts; what research he has conducted on the cost of these delays to public funds; and if he will make a statement. [36948]

Mr. John M. Taylor
The question concerns a specific operational matter on which the chief executive of the Court Service is best placed to provide an answer and I have accordingly asked the chief executive to reply direct.
Letter from M. D. Huebner to Mr. Peter Atkinson, dated 16 October 1995:
The Parliamentary Secretary, Lord Chancellor's Department has asked me to reply to your Question about delays in the small claims courts.
The Court Service is pursuing a range of initiatives designed to reduce delays in all types of case in the civil courts, including plans to computerise the county courts to increase both speed and efficiency in the handling of paperwork and the production of orders and notices. It is also working with the Lord Chancellor's Department on consideration of procedural reforms following Lord Woolf s interim report on access to justice.
At present, over the Court Service as a whole, 94% of administrative work is dealt with within the target of five days or less in the Charter for Court Users. New targets have been set for hearing civil cases. Cases expected to last less than 15 minutes should be heard within 30 days of the court being asked to arrange a date; for longer cases the target is 40 days. At present District Judges hear 98% of short cases and 71% of long cases within target. I am not aware of significant delays in small claims cases but would be glad to investigate any particular instances.
No research has been conducted on the cost of any delays in small claims cases to public funds.

§ Mr. Atkinson
To ask the Parliamentary Secretary, Lord Chancellor's Department what research his Department has conducted into the effects that increasing the small claims limit to £3,000 will have on the small claims procedure; and if he will name the courts where pilot schemes have been conducted. [36949]

Mr. Taylor
An increase in the small claims limit would not affect the nature of the small claims procedure. No pilot schemes have been conducted. However, if the small claims limit is increased, the effects of this will be closely monitored, as recommended by Lord Woolf.

§ Mr. Atkinson
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to introduce measures which will allow people to choose to opt out of the small claims procedure if the limit is increased to £3,000; and if he will make a statement. [36950]
2W

Mr. Taylor
Under the rules of court, district judges have discretion to order a case to be referred out of the small claims procedure if it meets certain criteria. The judge can order this after considering the defence, either on application by a party or of his own accord.