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BTE insurer warns of “serious and detrimental effect” of personal injury reforms

A before-the-event legal expenses insurer has warned of the “unintended and very serious detrimental effect” of the government’s personal injury reforms on the market. He said the planned increase in the small claims limit for RTA cases would “cast doubt” on the ability of the BTE industry to provide legal representation.

January 18th, 2018 | No Comments »

Small claims increase “unlikely” next year, MASS says

An increase in the small claims limit for whiplash cases is “unlikely” before the end of next year, the Motor Accident Solicitors Society has said. MASS said the Ministry of Justice would consult on whether the increase should be applied more widely.

December 15th, 2015 | No Comments »

MPs to push for greater use of ADR through parliamentary group

MPs have set up an all-party parliamentary group to promote the use of ADR as a way of solving legal disputes. Its chair, Conservative MP John Howell, said he hoped the group would “help change the culture in the UK” in favour of ADR.

November 25th, 2015 | No Comments »

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue

County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled. A district judge decided the landlord could recover no more than £200,

August 6th, 2015 | No Comments »

Relief for claimant PI lawyers as government decides against raising small claims limit

The small claims limit for personal injury cases will not be going up to £5,000, the Ministry of Justice announced today. Instead it has unveiled a raft of other measures aimed at cutting the cost of motoring, including the creation of independent medical panels.

October 23rd, 2013 | Comments Off on Relief for claimant PI lawyers as government decides against raising small claims limit

Grayling confirms that small claims limit for PI could rise above £5,000

Justice secretary Chris Grayling yesterday confirmed that an increase in the small claims limit for personal injury claims to more than £5,000 is on the table. The Association of Personal Injury Lawyers has attacked him for what it described as a “petulant side-swipe at injured people”.

February 6th, 2013 | 2 Comments »

“Ridiculous” to see higher small claims limit as answer to fraud, says ex-FOIL chief

The suggestion that increasing the small claims limit will allow insurers to challenge more cases is “blatantly ridiculous” as district judges will allocate such disputes to other tracks, a former president of the Forum of Insurance Lawyers (FOIL) has argued.

January 17th, 2013 | 2 Comments »

AJAG kicks off portal fee responses with plea to wait until small claims decision is made

Any changes to fixed-costs rates should only occur when the decision on the small claims limit has been made and experience gained of what the personal injury landscape looks like afterwards, the Access to Justice Action Group (AJAG) has told the government.

January 3rd, 2013 | 1 Comment »

Is BTE the answer to a higher small claims limit? Most certainly not

With the non-recoverability of after-the-event (ATE) insurance for the majority of personal injury claimants after 1 April 2013, the government was banking on an increase in before-the-event (BTE) insurance so that claimants would be on a level playing field in their battle with insurers. This is even more the case now that it is proposing to increase the small claims limit for road traffic-related personal injury (PI) claims from £1,000 to £5,000, with the government citing BTE as one way the impact of the change on claimants could be mitigated. But such insurance will simply become unaffordable to a great many.

December 19th, 2012 | Comments Off on Is BTE the answer to a higher small claims limit? Most certainly not

MoJ reform update confirms indemnity principle will apply to DBAs

The indemnity principle will apply to lawyers acting under damages-based agreements, the Ministry of Justice has confirmed. The latest update on the civil justice reforms also dealt with ATE for expert reports in clinical negligence cases, QOCS, referral fees and the whiplash consultation.

November 22nd, 2012 | 1 Comment »