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. |
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Contents
Introduction | 7 |
Action at Union level | 14 |
An alternative procedure | 22 |
The 2000 limit | 28 |
Written procedure 123 | 33 |
8 | 42 |
ADR 201 | 47 |
ORAL EVIDENCE | 2 |
Oral evidence 26 October 2005 15 | 22 |
24 | 24 |
30 | 30 |
36 | 36 |
42 | 42 |
Oral evidence 9 November 2005 | 50 |
51 | 51 |
Supplementary written evidence | 63 |
10 | 10 |
Mr Allan Gore QC Association of Personal Injury Lawyers APIL | 13 |
17 | 17 |
Baroness Ashton of Upholland Parliamentary Under Secretary of State | 82 |
Supplementary written evidence | 99 |
22 | 102 |
Common terms and phrases
able actually advice agree allow appeal apply approach Article basis believe bring Brussels certainly civil claimant clear Commission complex concerned consider consumer costs Council course court cross cross-border deal decide defendant difficulties Directive District Judge Walker document domestic Dr Haibach effect enforcement England and Wales English ESCP European Small Claims evidence example existing expenses fees further give going hearing important involved issue judgment jurisdiction justice language lawyers limit litigation look Lord Chairman Lord Lucas matters means Member nature necessary Neill particular parties Patel perhaps personal injury possible problem proceedings proportionate proposal question reason reference Regulation relation represented resolve Richards rules scheme small claims procedure sort Squire suggested thought track transfer translation understand witnesses
Bibliographic information
| Title | European Small Claims Procedure: Report with Evidence; 23rd Report of Session 2005-06 HL paper 118 Volume 118 of HL paper House of Lords papers Volume 118 of House of Lords papers: 2005-06 Session 2005-06 |
| Author | Great Britain: Parliament: House of Lords: European Union Committee |
| Contributor | Lord Julian Grenfell Grenfell |
| Publisher | The Stationery Office, 2006 |
| ISBN | 0104008172, 9780104008171 |
| Length | 166 pages |
| Export Citation | BiBTeX EndNote RefMan |