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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll