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11 October 2013 / David Marshall
Issue: 7579 / Categories: Features , Profession
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Branching out

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Are private mediation services the future for small claims and how can law firms get in on the act? David Marshall reports

The small claims track limit for non-personal injury and housing claims has risen which will reduce the number of cases where legal costs can be recovered. The government has also indicated that it wishes to encourage parties to mediate such cases. Solicitors should examine how they might offer mediation services as an alternative to traditional litigation services for such cases.

Proposed rise in small claims track limit

Most civil disputes up to a value of £5,000 which are issued in court were previously allocated to the small claims track (although personal injury and housing claims, where general damages are expected to exceed £1,000, were assigned to the fast track). In 2011, the Ministry of Justice consulted on extending the small claims track limit to £15,000. Following the consultation (Solving disputes in the county courts: creating a simpler, quicker and more proportionate system: CP6/2011) the government decided that initially the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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