Thousands of accident victims could be affected by the Jackson Review’s proposal to increase the small claims track limit, the Law Society has warned.
Lord Justice Jackson is due to conclude his review of civil litigation costs in December. In a preliminary report in May, he asked for views on whether the small claims track limit should be raised.
In its official response to the proposals, the Law Society warned this could result in “many thousands” of claimants losing substantial amounts of their awards in legal costs or having to represent themselves. The Society estimates there would be more than half a million more litigants in person as a result, which would be an extra burden on the courts.
Lord Jackson’s review also asked whether referral fees should be abolished, conditional fee agreements reformed, and fixed costs used more frequently.
The Law Society supported referral fees, arguing there would always be “marketing costs”. However, it said it would support further research into their effect on costs, access to justice and the behaviour of solicitors.
The Bar Council called for their abolition in its
