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)
: The hon. Gentleman is absolutely right. Having met with some of the NAH's representatives since our inquiry, I know that they are knowledgeable and learned in such matters and use the publication as an authoritative text to come up with their assessment of a reasonable increase in allowances under the small claims track. It is good that we are having this debate and airing some of these issues. The small claims court has existed for many years, and it is important that we have an opportunity to consider how the justice and service that it offers can be improved. It is, and should be, the direct link that most of our constituents have with the courts when they need small claims dealt with effectively and appropriately. Our report made recommendations on the advice that might be given. The Department for Constitutional Affairs says that it is piloting a scheme to try to give more advice, and to increase understanding of how the court operates and of the papers that need to be prepared in advance of any hearing. That is essential. Another thing that struck me and, I am sure, all hon. Members who have been to the small claims court and seen it in operation, is the fact that many people are not informed. As the hon. Member for Hendon rightly said, they do not necessarily even know which papers they must produce to support their case. Because of the inquisitorial nature of the court, the role of the district judge is essential once one gets to court—I welcome that and believe that it needs to be strengthened—but it is important at the outset that, as much as possible, assistance and guidance through helplines and so on are given to ensure that people know which documents they need to produce, whether they be contracts, letters or other information that supports their case and gives them the best opportunity to explain to the district judge what their case is about and whether it is made out on the facts and the evidence. Our report provoked some strong views and interests, and I welcome that. I also welcome this debate and the focus that we have had on the small claims court. I look forward to the Department's taking forward the issue of enforcement, focusing on the valuable and important work that the small claims court does and ensuring that we support the small claims track, so that it can continue to provide real justice for our constituents who have small claims. We must ensure not only that justice is done but that it is seen to be done.
Secondary information
- Type
- Proceeding contribution
- Reference
- 444 c344-5WH
- 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
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