Ping-fat Sze questions whether parties involved in small claims proceedings are fairly treated
- Discusses contractual and tortious claims from the Small Claims Tribunal in Hong Kong.
- Gives example of one building management dispute, suggesting adjudicator was at odds with legal authorities.
- Suggests parties involved in small claims proceedings may not always be treated fairly and properly, especially where one of the parties is a resourceful entity.
In January 2022, the Civil Justice Council published its final report on the resolution of small claims in England. In order to deal with cases justly and at a proportionate cost, the working party chaired by Judge Barry Cotter QC made a number of recommendations. Most significantly, the parties are expected to resolve their disputes by mediation and in respect of claims of £500 or less, a refusal to do so may result in the claim being stayed, or the defendant deemed to have behaved unreasonably pursuant to the Civil Procedure Rules (CPR).
The Small Claims Mediation Service is responsible for the conduct of mediation sessions. However, this
