Claims and Counter-Claims Opinion Is Divided On the Need to Raise Scottish Small Claims Level From a Lowly Gbp750

The HeraldFebruary 13, 2006

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Summary


JUSTICE minister Cathy Jamieson declared last year that Scotland's civil justice system must be "fit for its purpose in the 21st century - modern, accessible and efficient". A noble aspiration, certainly, but many argue that it is an aspiration taking too long in the realisation.

Want to pay someone to represent you in court who is not a member of the Law Society or Faculty of Advocates? Too bad. Ministers legislated for this 16 years ago, but the necessary laws were never commenced. Sold a dodgy endowment mortgage policy by a Scottish solicitor and want compensation for mis-selling? Most unfortunate. It's a shame you didn't buy it from a financial institution, as people do in England, where the success rate in winning compensation is 80per cent.

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Extract


Claims and Counter-Claims Opinion Is Divided On the Need to Raise Scottish Small Claims Level From a Lowly Gbp750

There is another, still more glaring, legislative anomaly: Scotland's risibly low small claims ceiling. If you want compensation from a supplier of shoddy goods or services without the hassle and expense of hiring a lawyer the effective maximum is GBP750, a limit which has been frozen for 18 years. In England and Wales the small claims ceiling is GBP5000 and has been since 1999. According to consumer organisation Which? ,...

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