Ask 5: Make the small claims procedure more effective

 

Introduction

For consumer rights to help people in practice, an independent authority needs to ensure that consumers are treated fairly when something goes wrong. In some sectors, consumers can complain to an Ombudsman or regulator. But for everything else, they need to use the Courts Service – especially the small claims procedure – when they can’t sort out an issue with a business.

The small claims procedure is a simplified way of taking a consumer case against a business, without needing to hire a solicitor. The small claims procedure is often recommended by the CCPC helpline, however not many people use it. In 2024 the CCPC helpline referred 9,779 people to the Small Claims Court, but only 2,081 claims were made. There need to be important changes to the small claims process to make sure consumers can get fair treatment when their rights are ignored.

Why it matters

1. Claim limits

• Consumers can take a civil law case against a business through the District Court for disputes with a value of up to €15,000. A consumer will usually need to hire a solicitor to do this for them. This is complicated, potentially expensive and it’s not seen as a realistic option by most consumers.
• The small claims procedure is a more accessible way to access the District Court but the maximum amount for claims in the small claims procedure is €2,000. This was set in 2006. However, in today’s world, consumers can face problems with routine purchases that cost more than €2,000, for example, holidays and furniture.
• In the vehicle sector, consumers frequently face a loss that is higher than the small claims procedure limit. Our research shows that 77% of consumers who contacted the CCPC in 2025 with problems about vehicles reported losses of over €2,000. Increasing the maximum amount of the small claims process would make it easier for these consumers to get help.
• The European small claims procedure currently allows claims up to €5,000. This means Irish consumers have better rights to get compensation when they buy from businesses in other EU countries.
  

2. Costs

• The fee for using the small claims procedure is €25. This fee stays the same no matter how much money you’re claiming or how you apply - whether it’s in person or online.
• The fee for submitting a claim cannot be refunded. So, even if a consumer gets compensated through the small claims procedure, like getting a refund for a broken product, they’re still €25 poorer.
• This is particularly significant when you consider that a consumer detriment report published by the CCPC in 2024 found that the average loss to a consumer when they experienced a problem with a product or service was €60. Also, data from the 2025 CCPC helpline reveals that 76% of the issues reported to the CCPC involved amounts of less than €500.
• In Ireland, where people can make complaints to many authorities without a lawyer, the small claims procedure stands out because of its application fee. Most other bodies don’t charge a fee for making a complaint – for example, the Social Welfare Appeals Office, the Financial Services and Pensions Ombudsman, Workplace Relations Commission Adjudication, Residential Tenancies Board, and the Commission for Regulation of Utilities.
• The fee for making a claim should not discourage people from making one. If a fee is charged, it should be proportionate to the value of the claim, particularly if it is non-refundable.  

3. Information

• There is a lack of information about what happens with small claims cases, particularly if the registrar can’t solve the issue and it goes to a judge in the District Court.
• Bodies like the Social Welfare Appeals Office, Workplace Relations Commission, Residential Tenancies Board, and Financial Services and Pensions Ombudsman either make all their case decisions public or provide detailed figures and examples of cases in their yearly reports.
• Providing more detailed reports on the types of claims and their results from the small claims procedure could be useful for:
  • shaping consumer policies,
  • spotting common issues affecting consumers,
  • creating better resources for consumers.

How we can do it

• The upper limit in Ireland should be raised to €8,000 so that the small claims procedure is open to more consumers when they experience problems after common purchases, while remaining within the limits set by the District Court rules (€15,000).
• The CCPC welcomes the commitment from the Government in its Programme for Government and its 2025 Action Plan on Competitiveness and Productivity to ‘substantially increase’ the limit of the small claims procedure.
• The rules for the small claims procedure are part of the District Court rules. To change the rules, the District Court Rules Committee and the Minister for Justice would need to make new rules or change the existing ones using a Statutory Instrument.
• These rules are managed by the District Court Rules Committee. Both the Minister for Justice and the Rules Committee members must agree to any changes to these rules – neither can change them alone.
• The Department of Justice should make sure the Courts Service gets any help it needs to deal with more consumer cases.

Further reading

Competition and Consumer Protection Commission Annual Helpline report 2025