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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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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