The recent article from the President of the Law Society is the first of what we hope will be a long line of responses to the governments blatantly 'insurer-centric' reforms of the personal injury sector.
For once we are in full agreement with the Law Society; these reforms will damage access to justice and will not reduce fraud.
Proposed reforms of the small claims procedure would deal a devastating blow to justice.As an essential part of the civil justice system, the small claims procedure is designed to handle low-value disputes, including debt and contract matters. It enables the public and businesses to pursue low-value claims with the aim of resolving them quickly and fairly.The small claims procedure is not designed for more complex, higher-value cases. This is recognised in that the small claims limit for personal injury is currently £1,000. Many personal injury claims, even at lower value, can be complex and result in an inequality of arms where the claimant is unrepresented and seeking to bring a claim against a defendant who can afford to take legal advice.