Should Boundary Disputes Be Allocated to the Small Claims Track? – Pallant Chambers

Posted January 9th, 2023 in boundaries, chambers articles, costs, news, small claims by sally

Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v Winner, His Honour Judge Mithani KC, in somewhat of a surprising judgment, stated, obiter dictum, that to prevent disproportionate costs in boundary disputes involving a small amount of land they should be allocated to the Small Claims Track (“SCT”). Davis has been subsequently relied upon by District Judges to allocate analogous cases to the SCT. However, given the complex characteristics of boundary disputes, it is necessary to undertake a detailed assessment of their suitability for the SCT.

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Pallant Chambers, 14th December 2022

Source: www.pallantchambers.co.uk

Making Mediation Mandatory – Doughty Street Chambers

Posted January 5th, 2023 in chambers articles, dispute resolution, news, small claims by sally

‘The debate around whether mediation can or should be made mandatory has been around for some time. In July this year, the government announced their intention to implement mandatory mediation in all contested claims under £10,000 in the county courts; one driver being only 21% of small claims opt into the present Small Claims Mediation Scheme (SCMS).’

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Doughty Street Chambers, 22nd December 2022

Source: insights.doughtystreet.co.uk

Claim worth £3,000 moved after costs rose towards £50,000 – Law Society’s Gazette

Posted October 11th, 2022 in costs, data protection, news, pleadings, small claims, solicitors by tracey

‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’

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Law Society’s Gazette, 10th October 2022

Source: www.lawgazette.co.uk

MoJ rejects call for early review of whiplash tariff – Legal Futures

‘The Ministry of Justice (MoJ) has rejected a call for an early review of the tariff for the Official Injury Claim portal, although personal injury solicitors are continuing to lobby for it.’

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Legal Futures, 29th September 2022

Source: www.legalfutures.co.uk

Time taken to get civil cases to trial reaches all-time high – Legal Futures

‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’

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Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

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.”‘

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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