header-logo header-logo

31 May 2017 / Francis Kendall
Categories: Features , Costs
printer mail-detail

What counts as unreasonable behaviour in the small claims court?

The threshold for an award of costs in the small claims court is high, but not insuperable as Francis Kendall explains

Although the government has had to shelve its plans for personal injury reform, as laid out in the Prisons & Courts Bill in the run up to the election it seems likely that they will be revived if the Conservatives are returned to power next month.

This means the Small Claims Court (SCC) could find itself at the centre of attention, given the intention to increase the small claims track limit for injuries arising from road traffic accidents to £5,000, and to £2,000 for other personal injury (PI) claims.

The appeal of the SCC for defendants, obviously, is the absence of costs shifting, and indeed this is one of claimant groups’ main objections to the policy. While this may deter lawyers, and in turn claimants – although there has already been bullish talks from some claimant firms on

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