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27 May 2016 / Kerry Underwood
Categories: Features , Procedure & practice , Costs
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Staking a claim

Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36

The Lord Chancellor has stated that there will be a consultation and impact assessment on the effect of increasing the small claims limit in personal injury cases from £1,000 to £5,000, and that any change will not come in until April 2017 at the earliest.

The small claims limit for virtually all other civil cases is £10,000; any Human Rights Act or judicial review challenges are bound to fail.

On all previous occasions the key date has been when proceedings are issued. Thus two passengers are injured in the same accident and both have claims worth £4,000. One claim is issued in March 2017 and thus is cost bearing and the other is issued in April 2017 and is not cost bearing.

The non-personal injury small claims limit was increased from £5,000 to £10,000 in April 2013 and that was how it was implemented. Likewise under s 57 of the Criminal Justice and Courts Act 2015

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