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The small claims procedure is now seen as a convenient way to tackle 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 is based on the most extensive research on small claims procedures ever conducted in the United Kingdom. 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 book investigates whether the small claims procedure in England and Wales functions as an effective mechanism for civil justice or merely as a marginalized, under-resourced system. John A. Baldwin, a prominent socio-legal researcher, utilizes extensive empirical data to evaluate the efficacy of the small claims court. By analyzing the shift in claim limits and the practical realities of litigation, the author argues that the system faces significant structural challenges that undermine its intended accessibility and fairness.
What You Will Find
Legal scholars and practitioners recognize this work as a foundational text for understanding the socio-legal dynamics of the British civil justice system. Experts frequently cite the book for its unique, privileged access to judicial interviews and its rigorous examination of the practical barriers faced by litigants.
Page Count:
192
Publication Date:
1998-02-12
Publisher:
Clarendon Press
ISBN-10:
0198264771
ISBN-13:
9780198264774
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