The threshold for an award of costs in the small claims court is high, but not insuperable as Francis Kendall explains
Although the government has had to shelve its plans for personal injury reform, as laid out in the Prisons & Courts Bill in the run up to the election it seems likely that they will be revived if the Conservatives are returned to power next month.
This means the Small Claims Court (SCC) could find itself at the centre of attention, given the intention to increase the small claims track limit for injuries arising from road traffic accidents to £5,000, and to £2,000 for other personal injury (PI) claims.
The appeal of the SCC for defendants, obviously, is the absence of costs shifting, and indeed this is one of claimant groups’ main objections to the policy. While this may deter lawyers, and in turn claimants – although there has already been bullish talks from some claimant firms on their intention to make SCC claims work – the SCC
