Law Weblog

Pan European Small Claims on the horizon

Wednesday 14 September 2005 at 11:16 pm | In News | Post Comment

The small claims procedure will be operating across all 25 states of the EU within 12 to 18 months. This will mean a French supplier of goods over the internet or a German motorist will be as easy to sue as UK defendants are now. EU justice ministers meeting in Newcastle agreed the process last week.
The scheme will apply to debts and to civil claims for faulty goods and services, as well as to personal injury claims and damage to property.

Ministers have yet to work out full details including the maximum amount that a party can claim, but Lord Falconer thought it could be “anything up to £10,000” (in euros). 

A claimant would commence proceedings in the UK and then officials would translate the paperwork if necessary and forwarded to courts in the defendant’s country, where local officials would serve proceedings. As with the current procedure, parties would not need to use lawyers.

Parties would not have to attend a hearing and they might give evidence by telephone. A judge or arbitrator in defendant’s country would make an award that would be enforced under that country’s legal system. The scheme would build on existing procedures.