Skip to main content

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


Small Claims (Courts)

: That is a fair point in terms of the number of cases disposed of and the value of damages awarded. I am saying that we need to look at the limit and whether there is justification for increasing it, considering where we were in the early 1990s when the £1,000 limit was set. We should look at inflation, what damages have been during that time and whether it is appropriate to increase the limit. The Association of District Judges said in its evidence:"““Since the £1,000 limit has been in place for over 14 years, the Association does consider that there may be a case for increasing the £1,000 exception in personal injury cases slightly, perhaps to £2,000 or £2,500.””" It recognised that the matter is not cut and dried and that there are legitimate arguments and concerns, as we have heard during this debate. I do not deny that. Indeed, any proposal to increase it would need to be closely linked with a proper review of the procedures and the way in which cases are dealt with in court. Much of that goes to the evidence and the way in which matters such as medical issues are dealt with. Another piece of evidence to the Committee was given by Professor John Baldwin, head of law at Birmingham university, who has undertaken research into the small claims court for years, going back to the 1990s. It was interesting that he highlighted medical reports and said:"““In my interviews with district judges, many have told me that they feel the financial limit for PI claims should be raised well beyond £1,000 and that large numbers of PI cases could easily be treated as small claims. Having a medical report available to the court is critical in resolving PI cases: as one experienced district judge told me, ‘Once you've got this, most cases resolve themselves.'””" I appreciate that that may be anecdotal and simplistic, but perhaps we should be looking at those issues and assessing the evidence that is presented to the court, to ensure that justice is done more speedily and effectively in such cases.


Secondary information

Type
Proceeding contribution
Reference
444 c343-4WH 
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