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31 May 2017 / Francis Kendall
Categories: Features , Costs
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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