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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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