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The Ministry of Justice is consulting on increasing the small claims limit for RTA personal injury claims to £5,000. The theory being that these claims should be straightforward enough for litigations to act in person without the need for legal assistance and, correspondingly, without the need to incur legal fees (win or lose).
The Court of Appeal has separately announced that general damages should increase by 10% to compensate claimants from being unable to recover success fees post-Jackson.
If the Ministry of Justice does increase the small claims limit for RTA claims to £5,000 it will cover the majority of personal injury claims in this country. Claimants will therefore recover a 10% uplift in damages despite, in theory, no longer needing the services of a lawyer (obviously a debatable proposition) and therefore not having to pay any success fee.
Will the Court of Appeal then reverse its decision for small claim RTAs?
This is but one of the numerous problems being caused by the piecemeal introduction of Jackson and the Ministry of Justice exploring ideas never proposed by Jackson.