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Small claims in the spotlight

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01 October 2021 / John O'Hare
Issue: 7950 / Categories: Features , Procedure & practice , Costs , Profession
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John O’Hare examines the new law on small claims which has led to insurers paying less to lawyers
  • The scope and operation of the new Road Traffic Accident Small Claims Protocol, including the impact on whiplash claims, medical reports and costs.

On 31 May 2021, a substantial number of cases previously within the main Road Traffic Accident (RTA) Protocol fell into a largely no-costs world. An unrepresented claimant may be able to locate the Guide to Making a Claim Under the RTA Small Claims Protocol, which is available online. There is also a Portal Support Centre which will answer questions and sort out problems, including even filing the small claim notification form (SCNF; the basis of the information supplied by an unrepresented claimant) online. Presumably the Portal Support Centre will not advise claimants as to the amount they should accept in respect of general damages (the award for pain, suffering and loss of amenity (PSLA)). Claimants have to put cash figures on all the heads of compensation

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