MoJ proposes compulsory mediation for claims worth up to £10k – Legal Futures

Posted July 26th, 2022 in dispute resolution, Ministry of Justice, news, small claims by sally

‘Mediation will be made compulsory for all small claims worth up to £10,000, potentially settling 20,000 cases that would otherwise end up in court, the Ministry of Justice proposed today.’

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Legal Futures, 26th July 2022

Source: www.legalfutures.co.uk

Online rule committee will be catalyst for digital justice, says Birss – Legal Futures

‘The work of the new Online Procedure Rules Committee (OPRC) will help connect the whiplash portal and other pre-action regimes to the court system electronically, the deputy head of civil justice has said.’

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Legal Futures, 9th June 2022

Source: www.legalfutures.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

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Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

MoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette

Posted May 16th, 2022 in county courts, Ministry of Justice, news, pilot schemes, small claims, trials by tracey

‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’

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Law Society's Gazette, 13th May 2022

Source: www.lawgazette.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

Speech by Lord Justice Birss at the UCL and Intellectual Property Awareness Network event – Courts and Tribunals Judiciary

Posted March 10th, 2022 in intellectual property, judiciary, small businesses, small claims, speeches by tracey

‘Lord Justice Colin Birss, Deputy Head of Civil Justice, gave the keynote speech at the University of College London and Intellectual Property Awareness Network (IPAN) event. In his speech, entitled “Can the IP system serve small businesses better?”, he said: “In its broadest sense intellectual property is doing its job most acutely when it is in a David and Goliath situation.”‘

Full speech

Courts and Tribunals Judiciary, 9th March 2022

Source: www.judiciary.uk

Clin neg costs reforms “could lead to exodus” of small law firms – Legal Futures

Posted February 22nd, 2022 in costs, hospitals, law firms, negligence, news, personal injuries, small claims by tracey

‘Small law firms could end up “falling or stepping away” from the clinical negligence market if fixed recoverable costs (FRC) for cases worth less than £25,000 are set too low, a report has warned.’

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Legal Futures, 22nd February 2022

Source: www.legalfutures.co.uk

Compulsory ADR needed for smallest claims, says CJC – Legal Futures

Posted February 1st, 2022 in civil justice, Civil Justice Council, dispute resolution, news, small claims by sally

‘Alternative dispute resolution (ADR) should be compulsory for claims worth less than £500, the Civil Justice Council (CJC) has said.’

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Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

Civil Justice Council calls for improved procedure for claims under £500 – Courts and tribunals Judiciary

Posted January 31st, 2022 in civil justice, civil procedure rules, news, small claims by tracey

‘The Civil Justice Council has published its final report on the resolution of small claims (PDF, opens in a new tab), following an interim report published in June 2021.’

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Courts and tribunals Judiciary, 28th January 2022

Source: www.judiciary.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

Costs and costs of repairs – Nearly Legal

‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’

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Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

Mason v Laing: Wrongly decided? – No. 5 Chambers

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

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Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures

Posted June 1st, 2021 in electronic filing, news, personal injuries, road traffic, small claims by sally

‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’

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Legal Futures, 1st June 2021

Source: www.legalfutures.co.uk

County court order against Boris Johnson struck out – BBC News

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk

The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures

‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’

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Legal Futures, 30th April 2021

Source: www.legalfutures.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

Small claims worst hit so far by Covid as trial delays lengthen – Litigation Futures

Posted December 8th, 2020 in coronavirus, criminal justice, delay, news, small claims by sally

‘Small claims have been disproportionally impacted by Covid-19 in terms of timeliness, official figures have shown.’

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Litigation Futures, 8th December 2020

Source: www.litigationfutures.com

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk