‘The Ministry of Justice (MoJ) has ruled out any exemptions to the requirement for compulsory mediation that it is set to introduce for small claims.’
Legal Futures, 27th July 2023
Source: www.legalfutures.co.uk
‘The Ministry of Justice is to introduce compulsory mediation for small claims valued up to £10,000, starting with specified money claims.’
Legal Futures, 25th July 2023
Source: www.legalfutures.co.uk
‘The Master of the Rolls has said he believes the extension of fixed recoverable costs (FRCs) to many cases worth up to £100,000 in October is “a good thing” and “I hope it works”.’
Legal Futures, 8th June 2023
Source: www.legalfutures.co.uk
‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’
Pump Court Chambers, 29th March 2023
Source: www.pumpcourtchambers.com
‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’
Law Society's Gazette, 20th February 2023
Source: www.lawgazette.co.uk
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.
Pallant Chambers, 14th December 2022
Source: www.pallantchambers.co.uk
‘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).’
Doughty Street Chambers, 22nd December 2022
Source: insights.doughtystreet.co.uk
‘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.’
Law Society’s Gazette, 10th October 2022
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 29th September 2022
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 26th July 2022
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 9th June 2022
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 24th May 2022
Source: www.legalfutures.co.uk
‘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.’
Law Society's Gazette, 13th May 2022
Source: www.lawgazette.co.uk
‘Customers say judgments against firms lead nowhere and compound their misery.’
The Guardian, 2nd May 2022
Source: www.theguardian.com
‘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.”‘
Courts and Tribunals Judiciary, 9th March 2022
Source: www.judiciary.uk
‘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.’
Legal Futures, 22nd February 2022
Source: www.legalfutures.co.uk
‘Alternative dispute resolution (ADR) should be compulsory for claims worth less than £500, the Civil Justice Council (CJC) has said.’
Legal Futures, 1st February 2022
Source: www.legalfutures.co.uk
‘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.’
Courts and tribunals Judiciary, 28th January 2022
Source: www.judiciary.uk
‘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.’
Legal Futures, 17th November 2021
Source: www.legalfutures.co.uk
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