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Small Claims (Courts)

: That is a very proper concern in more complex cases. When I say more complex, I have in mind the complexity involved in dealing with an injury with a high prospect of recurrence, not the massive complexity that one might normally associate with a legal argument. In the case of such injuries, someone should be represented. However, the hon. Gentleman's argument neglects the judges' active role in a small claims court and the pains to which they go to ensure that unrepresented claimants are not put at a disadvantage. Indeed, if a district court judge thought that that were going to happen, he would not want the case to go down the small claims track at all. It can happen that one side is represented and one is not, but the judges who deal with such claims—we have observed this in action—are very experienced, have often practised in this area and are at particular pains to ensure that any inequality of arms is not reflected in the way in which the matter is handled. That is because of the more interventionist way in which they can proceed.