Small Claims in Ireland and the EU: The Need for Synergy between National Courts and Extrajudicial Redress

Abstract

This chapter explores how the European Small Claims Procedure (ESCP) can be complemented by extrajudicial redress mechanisms, particularly in light of the recently approved European legislation in the area of consumer Alternative Dispute Resolution (ADR). This chapter starts by examining the ESCP in Ireland and notes that, what makes the domestic Small Claims Procedure effective cannot be easily replicated in the ESCP. This is namely is an online access to the procedure and an adequate forum for settling meritorious claims with the assistance of Registrars. This chapter notes that the online dispute resolution platform, which the European Commission is due to launch at the start of 2016, could be instrumental in improving consumer redress in a holistic manner if it, firstly, requires parties to explore the suitability of ADR schemes (i.e. where there is a basis for voluntary settlement), and secondly, when out-of-court redress is not possible, channels claims to the competent court.

Keywords: European small claims procedure, consumer, ADR, small claims, Ireland