A cheap speedy way for consumers to settle small claims

The small claims procedure is a special mechanism for dealing with small claims within the District Court structure

The small claims procedure is a special mechanism for dealing with small claims within the District Court structure. It was set up to handle consumer claims speedily, cheaply and informally, without involving a solicitor. To be eligible to use the procedure, the consumer must have bought the goods (or the service) for private use from someone selling them in the course of business.

The procedure is administered by the small claims registrar (a registrar is based in each local District Court Office) whose function is to process the claims and to reach a satisfactory settlement without the need of a court hearing.

"The small claims registrar deals with consumer claims in relation to any goods or service purchased when the amount of the claim does not exceed £600. Typical claims include dry-cleaning complaints, faulty electrical goods, tenants seeking refunds of their deposits from their landlords and even claims for minor damage to cars in a road accident," says Ms Mary MacDonald of the Dublin District Court.

To make a claim, the consumer fills in an application form from any District Court Office. The fee for making a small claim is £6.

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"If the respondent does not admit liability, the small claims registrar may informally meet both parties to the dispute in an attempt to settle the dispute. If an agreement cannot be reached, the small claims registrar will then fix a date for hearing before a judge of the District Court."

"If you bring a witness along to the hearing you do so at your own expense. At the hearing, the registrar outlines the alleged facts to the court and he then calls the parties to the dispute to give evidence. The judge asks each of the parties for their version of the facts and it is on the basis of this evidence that he makes his decision," says Ms MacDonald.

Although the parties can have a solicitor present, the whole point of the procedure is that a claim can be brought without one. If claimants use a solicitor, they must meet his or her costs even if they win the case.

It usually takes two to three months after an initial application for the case to be heard. One point to bear in mind is that the respondent has the right of appeal to the Circuit Court and costs could be awarded by the judge there.