50 signatures reached
To: Ministry of Justice
Action against raising the Small Claims limit to £5000
Revisit their proposals to raise the Small Claims limit for injuries suffered as a consequence of another person or organisations negligence from £1000 to £5000
Why is this important?
The proposal has been presented as necessary to target fraudulent whiplash injuries suffered in Road Traffic accidents. This is not correct. The proposal affects victims of all injuries, however suffered, including injuries at work. The Government has already relaxed the Health and Safety obligations of employers and the data on whether this has resulted in an increase in works accidents is not yet available. The consequence of raising the small claims limit is that anyone who suffers an injury such as a fractured ankle, caused by the negligence od another, is unlikely to be able to employ a solicitor to fight for recompense. Solicitors fighting for justice for injured people already work on a no win no fee basis so if there is no negligence then there is no legal fee for the injured person and if there is no negligence then there will be no entitlement to be compensated. The injured vulnerable person who is a victim of negligence is therefore immediately placed at a disadvantage against an insurance industry with vast amounts of money and legal resources available to them. The law of negligence is complicated, the court systems are complex and expensive and the insurance industry are increasingly employing tactics to intimidate legitimate victims of injuries to avoid payments out from the vast amounts of money from premiums paid to them to increase their profits . The combination of all this will leave the vast majority of victims of accidents who suffer physical and financial loss without access to justice.