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Small claims track

In the 2011 Consultation Paper, Solving Disputes in the County Court: creating a simpler, quicker and more proportionate system, the MOJ agreed…

In his Final Report, Jackson LJ recommended that the limit of £1,000 for personal injury cases remain unchanged, suggesting that the focus should be on fixing Fast track costs and streamlining the process . . .

In the 2011 Consultation Paper, Solving Disputes in the County Court: creating a simpler, quicker and more proportionate system, the MOJ agreed Jackson’s recommendations on this point.  However, it has long been recognised the Small Claims Track is becoming less frequently used for personal injury claims due to inflation pushing most claims into the Fast track, resulting in disproportionate costs on low value claims.

In their initial response to the MOJ consultation paper in February 2012, the Government announced proposals, in line with Jackson’s recommendations, to increase the Small Claims Track limit to £10,000, though keeping the limit of £1,000 for personal injury and housing disrepair claims.  However, just three months later, on 16 May 2012, the Government announced that they actually would be considering an increase in the Small Claims Track limit for personal injury claims.  This flowed from increased political interest in the impact of injury claims, particularly whiplash type claims, on insurance premiums for consumers and businesses.

Latest position

  • A Consultation paper has been published focused only on RTA personal injury claims 
  • The Consultation includes proposals to increase the Small Claims Track limit to £5000 for RTA injury claims, alongside ideas to improve the robustness of the medico legal reporting process.