The UK Government has launched a consultation on the new
procedure and seeks comments by 27th July.
The proposals, called the European Small Claims Procedure
(ESCP), should give people the tools to bring cases in other EU
countries or to enforce judgments without worrying about procedural
barriers.
It will apply in civil and commercial matters where the total
value of the claim does not exceed €2,000. Judgments given under
the ESCP will be recognised and enforceable in another Member State
without the need for a declaration of enforceability and without
any possibility of opposing its recognition.
The proposals, published by the European Commission in March,
involve several simplifications:
- Documents shall be served on the parties by registered letter
with acknowledgment of receipt (or by any simpler means such as
letter, fax or e-mail);
- The procedure shall usually be a written procedure, unless an
oral hearing is considered necessary by the court;
- The court may hold a hearing through an audio or video
conference or by e-mail and the parties shall not be obliged to be
represented by a lawyer;
- The court may determine the means of proof and the extent of
the taking of evidence according to its discretion. It may admit
the taking of evidence through telephone, written statements of
witnesses, and an audio, video or e-mail conference; and
- The judgment shall be immediately enforceable notwithstanding
any possible appeal and without the condition of the provision of a
security.
"These proposals should make life easier for tourists,
travellers and workers, as well as businesses,” said Cathy Ashton,
Minister with the Department for Constitutional Affairs. “They will
speed up the legal process, help to resolve cross-border disputes
and ensure that effective redress is achieved.”
However, the consultation reveals that the Government is
concerned about proposals to extend the ESCP to internal as well as
cross-border small claims, and about the limit of €2,000, which the
Government hopes to make a minimum limit. In England and Wales at
the moment, the maximum limit for small claims is £5,000. In
Scotland the maximum limit is just £750.
