---

Small Claims (Courts)

My remarks will also be confined to the limits in personal injury cases, and much of what I say will echo the comments of the hon. Member for Hendon (Mr. Dismore). I must declare an interest, as revealed in the Register of Members' Interests. I am a member of the Law Society, but have not practised as a personal injury lawyer for many years, although there was a time when I did a considerable amount of PI work—much of it for trade unions. Therefore, I have a certain degree of knowledge on this matter. As the hon. Gentleman said, the small claims level for personal injury cases was instituted for a good reason: the nature of personal injury cases is very different from other small claims court cases. I have no doubt that small claims courts have been a highly desirable development and have had a significant beneficial effect in promoting access to justice. A large percentage of the cases that come before those courts involve the recovery of small personal debts, or consumer claims. The small claims procedure is well suited to such cases. The evidence required in them is not normally so complex that most claimants would feel uncomfortable in pursuing their claims themselves. Frequently, that consists simply of producing the relevant documentation—or in many cases explaining the lack of documentation—and telling the claimant's side of the story. The interventionist approach adopted by the courts, to which witnesses who came to the Committee referred, means that any small procedural lapses can be quickly and easily attended to. Frankly, they are not normally of great moment in any event. Personal injury cases are very different. In such cases, it is frequently difficult and complex to demonstrate the negligence of the other party. As the hon. Gentleman said, a number of factors need to be considered. There is the evidence. Frequently, the degree of liability of both sides has to be considered. There is the question of quantum, and the production of the medical evidence, which can in itself be a major part of the exercise. My concern is that a large number of such potentially complex matters will be a significant disincentive to people to run a case. To raise the small claims limit significantly would, in effect, deprive injured people of the benefit of legal advice and therefore access to justice.