Legal Cost Specialists

Small claims track limit increase?

By on Sep 21, 2012 | 0 comments

An interesting issue arises at the lower end of personal injury claims out of the Court of Appeal’s announcement in Simmons v Castle [2012] EWCA Civ 1039 that general damages in personal injury cases will rise by 10% from 1 April 2013. Should it not also mean that the small claims personal injury limit is raised to £1,100? Of course, the government is currently considering raising the limit to £5,000, in which case the issue entirely disappears. But, if a decision is otherwise taken to leave the limit in place, will this not suck in a large number of claims into the fast track and make them cost bearing where they would previously not have been? (I’m grateful to District Judge Stephen Gold writing in the New Law Journal for highlighting this issue.)

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