European Small Claims Procedure: Report with Evidence; 23rd Report of Session 2005-06The Stationery Office, 2006 M02 15 - 166 pages The European Commission has recently adopted a proposal for the a Regulation crating a European Small Claims Procedure, which seeks to secure consumers' access to justice and settlement of disputes in the single market. The ESCP would provide a procedure available in the courts of all Member States to deal with cross-border cases and simple enforcement across national boundaries. In its examination of the Regulation the Committee identifies three main difficulties: differences between the Commission and Member States, most importantly on costs; the need for the practicalities of the scheme to be given more attention; lack of clarity in some parts of the text of the Regulation. |
Contents
Summary | 6 |
The ESCPNeed and Scope | 12 |
An alternative procedure | 22 |
The 2000 limit | 28 |
Written procedure 123 | 33 |
ADR 201 | 47 |
ORAL EVIDENCE | 2 |
Mr Allan Gore QC Association of Personal Injury Lawyers APIL | 13 |
Oral evidence 26 October 2005 15 | 22 |
Oral evidence 2 November 2005 | 34 |
Mr Steve Brooker National Consumer Council NCC | 48 |
Supplementary written evidence | 63 |
Baroness Ashton of Upholland Parliamentary Under Secretary of State | 82 |
Supplementary written evidence | 99 |
Common terms and phrases
access to justice APIL appeal apply Armitage Article 65 Ashton of Upholland Baroness Ashton Brooker Brussels I Regulation claim form claimant Commission Commission's Council cross border cross-border claims cross-border disputes defendant District Judge Lingard District Judge Walker domestic small claims Dr Haibach enforcement England and Wales ESCP European Consumer Centre European Enforcement Order European Small Claims European Union fees going Gore Gubbay Herne Hill issue judgment jurisdiction Keith Richards Kilby language Larnder Law Society lawyers legal advice legal professional Lester of Herne limit litigation Lord Chairman Lord Goodhart Lord Lester Lord Lucas Lord Neill Member Michael Walker Miss Reed Miss Squire Neill of Bladen oral hearing Order for Payment Patel personal injury problem proceedings proportionate proposal question scheme small claims court small claims procedure small claims track Steve Brooker translation UK Presidency United Kingdom witnesses