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In November 2016 the government announced proposals to:
Read our response to the government's consultation on these proposals, which has now closed.
This means that all personal injury claims worth £5000 and under will be processed under the small claims track. This was designed to handle low value disputes such as faulty goods or small unpaid invoices, and in most cases the court will not order solicitors' costs to be paid by the losing party to the person claiming compensation.
Alarmingly under the government proposals, personal injuries such as facial scarring, a fractured rib, or losing part of a finger will be considered a 'small claim' - the same as if someone was claiming for a faulty washing machine.
Due to solicitors' costs not being covered, most claimants deal with a small claim without legal help. The government's proposals would therefore create a David and Goliath situation where people recovering from their injuries have no choice but to take a case without using a solicitor, usually against insurance companies who will always have an experienced litigator representing them.
The Law Society believes that these proposals would completely undermine the right of ordinary people to receive full and proper compensation from those that have injured them - quite seriously - through negligence. People need legal advice in order to bring claims for the compensation they are entitled to in law. We are campaigning strongly to oppose the proposals.
Help us find case studies to highlight who will be affected