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New personal injury small claims limit would restrict claimant’s rights

The latest consultation on the increase of the small claims limit reflects the government 
and insurance lobby’s determination to limit claimants’ rights to redress, says David Ellis

14 May 2012

Earlier this month the government made a surprise U-turn to consult once again on increasing the small claims limit in personal injury cases. Less than three months after it announced that it did not propose to increase the limit in personal injury cases the government ?has now stated it believed the limit should be increased.

The government published its response to its first consultation on the issue, Solving Disputes in the County Court, in February following extensive input from stakeholders (see Solicitors Journal 156/7, 21 February 2012). This consultation, while keeping the personal injury limit the same, substantially increased the smalls claims remit in non injury cases. In addition, it proposed the extension of the much criticised online portal used in road traffic accident cases with the intention to develop something similar and extend this fixed-cost ‘tick box litigation’ to the whole of the fast track.<...

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