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Small claims deferral is victory for injured people

A leading personal injury partner at Stephensons Solicitors LLP has welcomed the Government’s announcement that it will not raise the small claims limit for personal injuries.

Kate Sweeney, who is the deputy regional co-ordinator of the Manchester branch of the Motor Accident Solicitors Society (MASS), says the announcement made today is excellent news for the thousands of people who bring legitimate claims for compensation each year.

Kate said: “The small claims limit will not be increased, which means legitimate claimants will continue to have access to legal advice and support to assist them through the personal injury process.”

The Government had been planning to increase the small claims limit from £1,000 to £5,000, which would have meant many smaller value personal injury claims, such as whiplash, would have fallen into this bracket and solicitors would not have been able to act for claimants in these cases. However this has now been put on hold, following the recommendation of the House of Commons’ Transport Select Committee that an increase in the small claims limit would have a detrimental effect on access to justice.

Kate added: “We have waited with bated breath for the MOJ announcement on whiplash claims for almost 10 months, following the initial consultation in March and the Transport Select Committee's report in July. Today that wait ended with a victory for common sense, as the MOJ has announced that the Government will defer it's decision until the impact of major reforms within the Personal Injury sector are understood.

“It is also pleasing for the Motor Accident Solicitors Society and Association of Personal Injury Lawyers, which have campaigned hard for the rights of legitimate claimants.

“Whiplash and other so-called minor injuries should not be trivialised. They are genuine people who suffer very real and devastating injuries, which may only attract damages in the region of £10,000 or less, but that does not mean these aren't life changing injuries for the people who suffer them, and who, without the assistance and input from legal experts, would not be able to navigate their way through the personal injury claims process, which is daunting and complex.

“The announcement today ends months of speculation and worry, but may not have been timely enough for some within the industry, who felt the raising of the limit was a ‘done deal’ and as such have already taken steps to downsize their Personal Injury teams, or even close them down completely.”

Stephensons’ personal injury department is one of the largest in the region, with over 30 staff, all focused on helping people who have suffered an injury to gain justice and access the compensation they deserve. The team handles a wide variety of cases for clients, locally and nationwide, including accidents at work, public liability cases, occupier's liability cases, product liability cases, Criminal Injuries Compensation Authority claims, road traffic accidents and cases of industrial disease. The firm offers a no win, no fee service and has many years of experience in these types of situations.