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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll