County Court Judgments

Lord Beecham Excerpts

Tuesday 11th October 2016 Lords Chamber

[Lord Keen of Elie]

It can be squared by defendants entering an appearance into the court process and putting forward, in any appropriate manner, the defence that they have to the claim. In these circumstances, it would appear that the system works equitably. I point out again the need to balance the interests of claimants, many of which are small and medium-sized enterprises that suffer serious problems of cash flow due to debtors, and the interests of defendants.

[Lord Beecham (Lab)]

My Lords, is the alarming picture reflected in the noble Baroness’s Question not another symptom of what is increasingly a failing civil justice system? Will the Government look at their support for Citizens Advice and other advice agencies as well as—building on the Minister’s last remarks—perhaps publicising the need for people to respond to any such claims and to seek advice where it is available?

[Lord Keen of Elie]

It has to be made clear that resort to the court is the last step in the process of debt recovery, and that those responsible for debts are given notice of their indebtedness and are required to pay. It is only when they fail or refuse to respond to these entreaties that any application is made to the court. In these circumstances, defendants are given ample opportunity and notice to defend their interests.