“Small Claims” limit for personal injuries NOT being increased

In April 2013, the general limit of claim within the “Small Claims” track of the County Court system was increased from £5,000 to £10,000.  

The limit for personal injury remained at £1,000.  There had been calls to increase it but this has now been ruled out.

Personal injury claims over £1,000 will continue to be heard in either the “fast” track or the “multi-track” where the loser pays the winner’s (often substantial) legal bills.  In “small claims” track each party bears their own legal costs even if they win their case.  It was felt that increasing the limit from a £1,000 would expose injured people to the risk of not having their legal fees met even if they won and as such they would be dissuaded from attempting to seek compensation for those injuries.

The idea to move that limit up to £5,000 was based on the number of fraudulent whiplash claims that are being made.

Published: 25 Nov 2013

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