Claim Procedure Reforms Will Affect Smaller Claim

Posted: 7th April 2011

With all the hoop-la about the proposed change to the ‘no win, no fee’ regime, another set of proposals, which may well be of greater importance for many people has slipped under the radar of the popular press.

A new consultation paper proposes changes to the limits on claims to be heard by the lower courts. The proposals include:
  • the limit of a claim which can be dealt with in the small claims court is to be increased from the current £5,000 to £15,000;
  • the minimum limit for a case to be sent to the High Court is to be raised from £25,000 to £100,000; and
  • home repossession cases are to be sent to the High Court when they are for £300,000 or more: the present limit is £30,000.
In addition, the online system for settlement of smaller road traffic accident cases is to be adapted for use in all small personal injury cases up to £50,000 in value and trialled for use in claims for clinical negligence against the NHS.
Partner Note
Consultation Document ‘Solving disputes in the county courts…’ –Consultation started 29 March 2011 and finishes 30 June 2011 See http://www.justice.gov.uk/consultations/docs/solving-disputes-county-courts.pdf