We suggest that as in Scotland with the introduction of the Simple Court Procedure in September 20153, workers injured on duty should be excluded from the proposed new
RTA small claims limit and from the scope of the Civil Liability Bill and, in our view, the same should apply to vulnerable road users.
Not exact matches
The other option is to raise the
small claims track
limit for
RTA claims only, but this is not the MoJ's preferred option.
There are likely to be further considerable changes in the next three years around the right to general damages for minor
RTA soft tissue injuries, an increase to the
small claims limit, a further widening of fixed fee arrangements and greater regulation of CMCs and CHOs.
We would urge the Committee to conclude that there is no evidence justifying any increase to the
small claims limit, whether to # 2,000 for EL / PL
claims, or to # 5,000 as is suggested for
RTA claims.
The impact of raising the
small claims limit to # 5,000 for
RTA - related whiplash
claims, and of raising the
small claims limit to # 2,000 for personal injury
claims more generally, taking account of the planned move towards online court procedures and the potential impact of this policy on the role of
claims management companies and on the operation of the market for «before the event» legal expenses insurance.
But this is just part of all the changes that flow from the Jackson proposals and which will have a huge effect on so many
claims: the increase in the
small claim limit; the extension of the road traffic accident (
RTA) portal; the issue of the costs recoverable in
claims processed through the
RTA portal; and the extension of fixed costs.
For example, the
RTA allows tenants to
claim for non-repair by landlords when the amount of damages is over the $ 25,000
Small Claims Court
limit.
«The Government has announced that it will increase the
small claims limit to # 5,000 — but only for «
RTA related personal injury»
claims.
In response, the plaintiff argued that the
RTA only provides the Board with jurisdiction to hear matters up to the
limit of the
Small Claims Court; otherwise, the Superior Court has the power to make any order that the Board could make.
In addition, a victim of an
RTA will need to have a
claim worth in excess of # 5,000 before they will be able to benefit from traditional legal representation; with the
small claims limit being raised from # 1,000 to # 5,000.