§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what the principal categories of claim which are heard in the small claims track are. [164436]
§ Mr. LammyThe categories of claims made in the small claims track for which the department collects certain information are debt, personal injury, other negligence and non-possession housing disputes.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs how many claims for return of tenancy deposits were heard in the small claims track in 2002–03. [164437]
§ Mr. LammyThe information requested is not collected centrally and can be provided only at disproportionate cost to the department.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what steps his Department has taken to assess whether charging fees for the recovery of small claims in the small claims track has a deterrent effect on claimants. [164438]
§ Mr. LeslieThe first step when setting fees is to ensure that the size of the fee is proportionate to cost. This means that even the smallest claim attracts a fee of £30. The second step is to ensure (by means of claim bands) that fees are proportionate to the amount at stake. The third step is to provide protection for those unable to pay. Exemption is available for those on means tested benefits and discretionary remission (based on hardship) for those not qualifying. Finally, the successful litigant may recover his fee from the losing party.
If a litigant is deterred from issuing proceedings this is most likely to be because he is unsure of winning or because he is unsure that the losing party has the means to pay.
When court fees are increased there is always a consultation process. Consultation has shown that the probability of successful recovery is just as important to potential litigants as the size of fees. Relatively low fees are payable on defended small claims because the cost is 1659W shared by those with claims that are not defended. The cost of undefended small claims is the concern of most claimants.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs if he will encourage the the small claims track to sit in neighbourhood premises to determine groups of local cases. [164440]
§ Mr. LammyCases in the small claims track are heard throughout a network of 218 county courts across the country. The present arrangements for hearing cases in the small claims track are considered adequate to meet the needs of local and public interest and in providing access to justice.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what plans he has for improving access for the socially excluded to the small claims track. [164441]
§ Mr. LammyOne of our Departmental Public Service Agreement targets (PSA6) is to increase year-on-year the number of people who receive suitable assistance in the priority areas of law involving fundamental rights or social exclusion. We are increasing the capacity of the Community Legal Service and all advice and guidance services through closer co-operation and collaboration within the advice sector.
Access to justice is protected by automatic exemption of fees for litigants on specified means tested benefits and discretionary remission (in part or full) for those who do not benefit from exemption but would face exceptional hardship if required to pay fees, or required to pay them in full. There are no current plans to review this policy.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs how many defendants in the small claims track defaulted on orders for money judgments in 2002–03; and how many such judgments were enforced by the court after defaults in that year. [164442]
§ Mr. LammyThe department does not hold information centrally concerning defendants who default on money judgments in the small claims track, and it can be provided only at disproportionate cost. For information, figures for enforcement of judgments in 2002–03, irrespective of track, are contained in the table. These figures do not take into account whether or not they were issued because the defendant defaulted on a money judgment.
Enforcement proceedings 2002–03 Warrant of execution against goods issued 373,257 Third party debt orders issued 5,828 Charging order applications issued 32,117 Attachment of Earnings order-judgment debt 40,029
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his Written Ministerial Statement of 22 March 2004,Official Report, column 41 WS, what the mechanism will be by which magistrates courts will conduct blitzes against fine defaulters; and by what mechanism the efficacy of such blitzes will be evaluated. [164453]
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§ Mr. LeslieThe national fines initiative referred to in my Written Ministerial Statement of 22 March 2004,Official Report, column 41WS, is Operation Payback National guidance was issued to assist courts in planning, but the scope and process of the local operations was determined by individual Justices' Chief Executives, according to local circumstances. Courts identified particular dates and areas for their action, and then, assisted by the police, concentrated all their enforcement resources in the targeted areas for the duration of their local operations.
The magistrates courts who have taken part in Operation Payback have been asked to provide a core set of data, including the number of warrants progressed, amount of money collected and the number of Civilian Enforcement Officers and police involved. This will allow us to assess the effectiveness of the Operation at both a national and regional level.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what the purpose is of charging fees for(a) applicants and (b) defendants in the Small Claims Court. [164454]
§ Mr. LammyFour fees may become payable during the course of a defended small claim. The fee on issue of the claim, the fee on a counterclaim, the fee on allocation to track, and the fee on making a specific application. In all cases the purpose of the fee is the same, namely to recover cost.
It would be administratively convenient to recover the extra cost of applications simply by increasing claim fees. However there is a danger that if applications did not attract fees the tune of the court and the parties would be wasted by unnecessary applications.
A claimant who forces a defendant to make an application to the court by unreasonably refusing to hand over information risks having to pay the fee. A defendant who makes an unnecessary application is unlikely to recover the fee.
The charging of fees on applications therefore promotes co-operation between the parties and helps to ensure that the time of the court and the parties is not wasted by unnecessary applications.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs if he will make the forms for application to the small claims track available in(a) citizens' advice bureaux and (b)other neighbourhood premises. [164455]
§ Mr. LammyClaim forms are available to the citizens' advice bureaux and all other advice agencies through any county court and via the Court Service website.
§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what the minimum number of trips to the small claims track is which an applicant must take to make a claim and recover judgment. [164456]
§ Mr. LammyIt is possible for a claimant to make a small claim and recover judgment without having to attend court.