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Proceeding contribution from Andrew Dismore (Labour) in the House of Commons on Thursday, 30 March 2006. It occurred during Adjournment debate on Small Claims (Courts).


Small Claims (Courts)

: The hon. Gentleman is right. When I was writing a paper for the Law Commission in the early 1990s, I did an analysis, based on the retail prices index, of personal injury damages going back to the 1960s. The sums being awarded in the 1990s were only a third of what they should have been had inflation been properly applied since the 1960s. It may be a matter for the Minister on another day, and another campaign, but not today. However, there is a strong case for saying that damages are too low. I put that to one side, however, and turn to what is happening in Europe. Strong discussions are taking place on a European procedure for small claims. A limit of €2,000, or £1,300, has been suggested, with the safeguard of free legal advice to consumers who use the system. The Committee talks glibly about £2,500, but it does not realise that that is a lot of money to many people—especially to those who are the victims of accidents. For those on the minimum wage, that sum represents a quarter of their annual income. It is a significant amount of money. Although it may be a flea bite to the insurance company, it can make a significant difference to those who have been injured on the roads or through consumer products. If the reform were to go ahead it would deprive victims of the right to legal advice, assistance and—I disagree with the right hon. Member for Berwick-upon-Tweed on this point—representation in court. We already know that only one third of valid personal injuries result in a claim. Many more will be deterred from seeking access to justice. That may result in an infringement of article 6 of the European convention on human rights, which provides the right to a fair trail, because injured people faced with the barrage put up by the insurance companies will not get a fair trial.


Secondary information

Type
Proceeding contribution
Reference
444 c334WH 
Session
2005-06
Chamber / Committee
Westminster Hall
Subjects
Courts Administration of justice Software Fees and charges ICT Enforcement Small claims
Link
View this Proceeding contribution on www.publications.parliament.uk