CJC calls for changes to aid speedy resolution of claims under £500

The Civil Justice Council has recommended improvements to the process for resolving civil claims under £500, including amending rules “to allow the court to determine cases by telephone/remote hearing or on the papers, where appropriate”.

A working party report, published in January, suggested a more proportionate process for lower-value claims, which make up around half of more than one million small claims commenced in the county court each year.

The Civil Procedure Rule Committee was asked to introduce a specific pre-action protocol for claims under £500 and it was proposed that HM Courts & Tribunals Service (HMCTS) look at making more practical information available to litigants both before they make a claim and once a claim has been initiated “to improve public understanding of the small claims process and the options available to litigants”.

In relation to mediation, HMCTS was asked to produce improved information to educate litigants and to conduct further research as to why parties opt out of mediation.

Mr Justice Cotter, chair of the working party on small claims, said: “As the large majority of claims issued in the civil courts involve sums less than £10,000, the approach taken to the management and resolution of small claims is of critical importance.

“We believe that the recommendations in this report could reform the litigation experience for litigants in person with modest financial claims, who are by far the largest group of court users, maintain public confidence in the civil justice system and allow limited judicial and administrative resources to be properly focused.”

Master of the Rolls, Sir Geoffrey Vos, chair of the Civil Justice Council and head of civil justice, agreed that the effective handling of small claims in the county court was “essential to the efficient operation of the civil justice system”, that “the speedy and cost-effective resolution of civil claims is important for the UK economy”, and that “delays cause economic drag and psychological distress to litigants that a streamlined system can minimise”.

He added: “I hope the recommendations are given careful consideration and are implemented in full in due course.”