Management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. As Minister, I have no role in these functions.
Statutory Instrument No. 519 of 2009, District Court (Small Claims) Rules 2009, sets out the upper ceiling of €2,000 for small claims. The monetary limit for small claims is fixed by Rules of Court. Rules of Court are made by the Rules Committee, with the concurrence of the Minister for Justice, Home Affairs and Migration.
Regulation (EU) 2015/2421 of the European Parliament and of the Council provides that a claim with a value not exceeding €5,000 can be made under the European Small Claims Procedure. This regulation has applied since 14 July 2017 and applies to cross-border cases only.
Under the ‘A modern Courts, Legal and Coronial System’ heading in the Programme for Government, the government has committed to substantially increase the limit of the small claims court procedure, and work is ongoing in this regard.
I
am informed by the Courts Service that the civil law workstream of the Courts Service Modernisation Programme will be looking at the broader small claims area over the next two years. When this work is commenced, engagement will take place with a wide range of stakeholders and court users to consider the issues arising.