The jurisdiction of the small claims court should be increased to €2,500, according to the Director of Consumer Affairs. Ms Carmel Foley was speaking at the launch of The Small Claims Court in Ireland, by Mr Damien McHugh, last night.
The small claims court, which is essentially the district court sitting in an informal atmosphere to deal with certain small claims, was set up 10 years ago. It offers a quick and easy way for people to pursue small claims without recourse to lawyers.
Its jurisdiction at the moment is €1,270 (the equivalent of £1,000) and it has not been increased since the court was established.
Ms Foley said she had already written to the Courts Service asking them to provide more information to people considering claims to this court. She also said that some summaries of certain cases should be given, to show both business and consumers what happens.
Mr McHugh said there should be provision for people to be informed in advance if the person or organisation they are claiming against will be legally represented. He gave the example of a young woman whose car was damaged in a car wash, and who brought a claim against the garage.
When she went to the small claims court she found herself confronted by a solicitor and barrister on behalf of the garage, which clearly did not want a precedent to be established.
Eventually the case was settled, but he said that certain companies routinely turn up to the small claims court fully legally represented, even though this court was meant to provide easy, non-intimidating access to the courts for people of limited resources. There is no provision for the award of costs in this court.
The majority of cases that are heard by this court relate to "key money", the rental deposit people pay when renting accommodation.
Other issues resolved by this court include complaints about faulty appliances and lost luggage. These issues normally fall under contract law.
Mr McHugh said the court should be empowered to deal with small claims arising out of torts, or wrongs. At the moment even small claims resulting from damage must go to a full District Court hearing.
Mr McHugh said the small claims court outside of Dublin should be separated from other court hearings, as it is in Dublin. At the moment, those going to it have to attend a sitting on the same day as criminal, family law, and other more serious matters are dealt with, which can be intimidating.