Small Claims in the County Courts in England and Wales
The Bargain Basement of Civil Justice
Series: Oxford Socio-Legal Studies;
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Product details:
- Publisher Clarendon Press
- Date of Publication 18 September 1997
- ISBN 9780198264774
- Binding Hardback
- No. of pages190 pages
- Size 225x145x20 mm
- Weight 398 g
- Language English
- Illustrations tables 0
Categories
Short description:
The small claims procedure is now seen as a convenient way of tackling the current crisis in civil justice and with a massive increase in the small claims limit from ?1,000 to ?3,000 small claims is big judicial business. This book reports on the most extensive research on small claims procedures ever conducted in this country. The author had privileged access to the district judges who conduct claim hearings, and the book is the first to include lengthy extracts from tape recorded interviews conducted with them. It also includes discussion of interviews with litigants, including many who struggled to gain payment of court judgements. This is a compelling book which is a welcome addition to the Socio-Legal Studies series.
MoreLong description:
The way that small claims are dealt with has prompted enormous interest in many jurisdictions, yet the subject has been neglected by researchers in this country. We should not doubt the importance of these procedures, however. It is increasingly seen as a convenient expedient in tackling the crisis in civil justice, and with a massive increase in the small claims limit from ?1,000 to ?3,000 in January 1996, small claims have suddenly become big judicial business.
This book (based on research conducted over a two-year period and funded by the Lord Chancellor's Department, the Office of Fair Trading and the Economic and Social Research Council) presents the most extensive empirical research analysis of small claims procedures ever undertaken in this country. The theoretical and practical implications of moves to expand the scope of 'Do-it-yourself' justice are explored. The author had privileged access to the district court judges who conduct claim hearings, and the book is the first to include lengthy extracts from tape recorded interviews with them. It also includes discussion of interviews with litigants, including many who struggled to gain payment of court judgments.
John Baldwin's study ... is a timely one ... This is a thoughtful and insightful study of the small-claims procedure in England and Wales which questions many assumptions about the process ... There is much for the policy maker and theorist to reflect on in this small volume. It should surely make both groups think hard about the instrumental and symbolic role of courts and what the idea of access to justice might mean for different groups within the community. It will also provide a platform for the future development of both ethnographic and empirical analysis of the role of the courts and tribunals in providing for the ordinary individual. For all these reasons it is an excellent addition to the Oxford socio-legal series.
Table of Contents:
One: Introduction and Background: The Development of Small Claims in England and Wales
Two: Background to the Study: The County Court Files
Three: The District Judge's Role at Small Claims Hearings
Four: Litigants' Perceptions of Small Claims
Five: The Enforcement of Small Claims Judgments
Six: Conclusion
Bibliography
Index
