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Ministry of Justice Consultation paper

31 July 2008
The issues

Case track limits and the claims process for personal injury claims – Ministry of Justice response to consultation.


The Ministry of Justice has published its “response to consultation” on the 21st July 2008. You will recall that a consultation paper “Case track limits and the claims process of personal injury claims” was published on the 20th April 2007 and invited consultation. The Ministry of Justice’s paper summarises the results of the responses to the consultation and indicates how the Government proposes to take the work forward. 271 responses were received, of which the largest sector was the legal profession, making up 46%. The insurance industry accounted for 20% of respondents. 5 responses were received from the Judiciary and 9 Trade Union responses. The majority of respondents agreed that the small claims limit for personal injury claims should stay at £1,000.00. A large majority of respondents agreed that the small claims limit for housing disrepair claims should also remain at the same level. An “overwhelming majority” of respondents agreed that the small claims limit for general claims should remain at £5,000.00. Respondents were largely in favour of increasing the fast track limit from £15,000.00 to £25,000.00. About 30% of respondents agreed with the proposals for the new claims process. 20% did not agree and 50% commented on the process and made suggestions as to how it could be improved. The Parliamentary Undersecretary of State at the Ministry of Justice, Bridget Prentice, issued a statement committing the Government to establish a new claims process which will apply to road traffic accident personal injury claims valued between £1,000.00 and £10,000.00. The streamline procedure will provide for early notification; promote early admissions and early settlement; introduce fixed time periods and fixed recoverable costs. The Government has accepted that there should be no change to the small claims limits, including those for personal injury and housing disrepair claims. However, the fast track limit will be increased £25,000.00. The full response can be obtained at www.justice.gov.uk/publications/sp0807.htm

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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