header-logo header-logo

01 June 2018 / Patrick Allen
Issue: 7795 / Categories: Opinion , Personal injury
printer mail-detail

Small claims matter

nlj_7795_allen

All hail R (Unison) v Lord Chancellor & the Justice Select Committee, says Patrick Allen

The House of Commons Justice Select Committee has slammed government proposals to raise the small claims limit for personal injury claims in its recent forthright report (Small claims limit for personal injury, 17 May 2018).

The government had announced its intention to raise the small claims limit for general damages from £1,000 to £5,000 for claims arising from a road accident and £2,000 for other claims including accidents at work. It has just introduced the Civil Liability Bill in the House of Lords which would reduce whiplash damages to a small fraction of the Judicial Standards Board (JSB) guideline figures.

Legal costs are not recoverable in the small claims track so accident victims would not be able to instruct lawyers to help with their case, obtain medical evidence, advance court fees and value and negotiate the claim.

The Justice Select Committee received compelling evidence of the obstacles that litigants in person would face and concluded that ‘this would represent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll