Select Committee on Constitutional Affairs First Report

1  Introduction

Background to the inquiry

1. The Constitutional Affairs Committee decided to undertake an inquiry into the workings of the small claims track in the county court as part of its oversight function of the Department for Constitutional Affairs.

Terms of reference

2. The inquiry's terms of reference were to answer the following questions:

• Does the small claims system facilitate access to justice?
• Is using the small claims track a simple and informal way of settling disputes?
• Does the system operate efficiently and effectively?
• Are cases properly allocated?
• Should the financial limits be reviewed?

Scope of the inquiry

3. During our inquiry we took oral evidence from two District Judges, the Association of Personal Injury Lawyers, Citizens Advice and the Law Society; and from Baroness Ashton of Upholland, the Parliamentary Under Secretary of State and Mark Ormerod, the Director of Civil and Family Justice at Her Majesty's Courts Service. We received a number of written submissions, particularly from the insurance industry. A number of Committee Members also visited various county courts to observe the small claims procedure in action.

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Prepared 6 December 2005