Tag Archives: Courts

Chris Grayling Says Court Might Increase Small Claims Limit in the Future

UK Justice Secretary Chris Grayling had said that it is possible that courts might decide raising the small claims limit in the future despite refusing to increase it today. According to Grayling, he had listened to the observations of the House of Commons transport select committee and their opinion on retaining the £1,000 threshold regardless of complaints.

1The raising of the small claims limit was the first step in lowering the premiums of car insurance, which was triggered by fraudulent car accidents claims with “ghostly” injuries, namely whiplash injuries, which pay out greatly because it causes severe pain without physical manifestation.

Car insurance companies said that the disproportion of insurance claims to the number of car accidents authorities record is a sign that many fraudsters are taking advantage of the system, which leaves out those who really need their compensation.

According to the House of Commons transport select committee, now is not the time to raise the small claims limit because it will truly make it difficult for those genuinely in need of the insurance and can make it easier for fraudsters to again take advantage of the small claims courts despite having a smaller payout.

Medical Inspection and Check Up

Grayling mentioned that he wanted to make sure insurance companies will encourage their customers to get a medical survey before they get their compensation and share their data on suspected fraud cases to solicitors and lawyers to carry out more effective checks with their clients.

Experts said that by 2014, the UK will have its own independent specialist medical panels that would inspect whiplash cases and other car injuries involving soft tissue injuries. As soon as the government finally consults all concerned health bodies it would make a standardised form of reports and publish the scheme of the new system.

Implications

Lifting the small claims limit will allow insurers to challenge the claimant’s case in court. Grayling also mentioned that the court might lift information fees from lawyers, solicitors and insurance companies in an attempt to bring down the legal costs of challenging a claim.

Many insurers just recompense their customers because legal costs for challenging suspicious claims are more costly than the lump sum repayment they can provide. For more information about the claims process in the case of injury, click here.

Justice Minister promotes Magistrates Courts

Up to 40% of those sentenced at the crown court could equally have been dealt at an earlier stage by the magistrates court says Damian Green, Minister for Policing and Justice. Figures have been published stating that every 4 in 10 people could have been handed a sentence at a magistrates thus saving money and valuable time according to a speech due to be read this Wednesday by the justice minister. In his speech which is addressed to the magistrates, Mr Green is to state that a greater effort is needed from their behalf to ensure that cases are dealt with in the correct court and not be meaninglessly transferred. This event will kick off a further three scheduled events prior to a consultation which will take place assessing the role of the magistrates later in the year.

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The plans are set to contribute towards a change in the criminal system and the way the courts operate. The overhaul will aid the magistrates by easing them off workload such as minor traffic offences which will be resolved outside the normal process in addition to introducing new powers for magistrates in order to deal with reoffending figures. Prior to making the speech the justice minister stated that magistrates are vital in the English legal system and are an example of a good citizen. In saying that the system is privileged to have such individuals he gave magistrates the credit for dedicating their time, skills and expertise against no cost. In his latest statement he did not hesitate to comment on the statistic by saying that 4 out of 10 people who were given a jail term in the crown court could also have been given the same by a magistrates. He explained that the government will look into why this is a common occurrence and if need be, do more in order to fully benefit from such volunteers.

The justice minister said that in order to have and maintain a fair and modern justice system the judiciary needs to hear the right cases in the appropriate court. Mr Green is anticipated to state that magistrates are to allocate their time on communal cases which make a greater difference to the local community. He commented that in simple road traffic offence cases where the defendant does not dispute the matter in question and where he may not even be present at the case, there is no need for 3 magistrates to spend their time looking at such a case.