Thursday, February 15, 2007

Small claims limit

As the debate rages as to whether the small claims limit should be increased, I note that the US website Shlep has made some very interesting comments with insights from over there. Well worth a look. Some argue that it would provide more access to justice by allowing a greater no cost jurisdiction. Others say that it would provide less access to justice as litigants risk being without the legal representation they might well need. In particular, it could end up discriminating against the least well off in society, those who do not have a legal expenses policy and who cannot afford to pay privately. Beyond these great issues of principle, fopr the very junior Bar, it might significantly affect their practices as small fast track trials very often are their bread and butter and enable them to keep themselves afloat in the early years.

1 comment:

Anonymous said...

Beyond these great issues of principle, fopr the very junior Bar, it might significantly affect their practices as small fast track trials very often are their bread and butter and enable them to keep themselves afloat in the early years.

Full marks for candour. OTOH, if the junior bar took to accpeting instructions from the public to prepare, in two hours, written advice on liabily and, more importantly, quantum to enable the Claimant value these lowest value claims, things might not be so bad.