header-logo header-logo

Staking a claim

27 May 2016 / Kerry Underwood
Categories: Features , Procedure & practice , Costs
printer mail-detail

Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36

The Lord Chancellor has stated that there will be a consultation and impact assessment on the effect of increasing the small claims limit in personal injury cases from £1,000 to £5,000, and that any change will not come in until April 2017 at the earliest.

The small claims limit for virtually all other civil cases is £10,000; any Human Rights Act or judicial review challenges are bound to fail.

On all previous occasions the key date has been when proceedings are issued. Thus two passengers are injured in the same accident and both have claims worth £4,000. One claim is issued in March 2017 and thus is cost bearing and the other is issued in April 2017 and is not cost bearing.

The non-personal injury small claims limit was increased from £5,000 to £10,000 in April 2013 and that was how it was implemented. Likewise under

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll