Campaigners say government plan will mean cyclists being denied access to justice

Beecho wrote:

Can I use this as an excuse to buy even more expensive bikes?

good thinking

hawkinspeter wrote:

Is it possible to win back your legal costs from the other party if you win the case?

Almost never.

I think the idea of small claims is that the amounts in question generally don't merit complex legal argument and therefore don't have to go before a judge, however raising the limit by so much will bring this into dispute.

Also small claims are decided by a small group of magistrates with one presiding, none of whom are necessarily lawyers. They aren't really in a position to assess legal costs.  

Simboid wrote:

hawkinspeter wrote:

Is it possible to win back your legal costs from the other party if you win the case?

Almost never.

I think the idea of small claims is that the amounts in question generally don't merit complex legal argument and therefore don't have to go before a judge, however raising the limit by so much will bring this into dispute.

Also small claims are decided by a small group of magistrates with one presiding, none of whom are necessarily lawyers. They aren't really in a position to assess legal costs.  

Not quite right. Some costs are recoverable but not necessarily all of them.

Legal costs are not assessed generally until a claim is valued at over £25,000. Fixed costs apply below that if a claim is in the 'Fast Track' (i.e. not a small claim) and in reality never cover the full extent of pursuing a personal injury claim. That's why solicitors will often charg, typically, 25% of whatever they recover, to cover the shortfall in recoverable costs.

If the small claims limit increases to £5,000 then you will find fewer solicitors prepared to take on claims, especially if there's any hint of a dispute regarding liability.

Oh, small claims are not decided by "...a small group of magistrates with one presiding, none of whom are necessarily lawyers". Small claims are heard in the county courts, not the magistrates courts. They are decided by a district judge (or a deputy district judge).

Lastly, unless the MoJ change the court fees that are payable then currently the court fees for issuing a claim for a value of not exceeding £5,000 are £205 for the issue fee and a further £545 for the hearing fee. These should be recoverable if the claim is successful.

You really should be considering legal expenses insurance to cover any expenses of pursuing a claim as well as the legal costs.

Don't underestimate the benefits of a solicitor, regardless. Don't expect the defendant's insurer to 'play fair' - they won't and they will undersettle if given half a chance!

Simboid wrote:

On the other hand my insurance company provides legal cover (as do most) as will membership of any union you may be a member of  so legal costs aren't a problem for some of us at least and small claims courts are faster and cheaper for all concerned.

Most cyclists aren't insured though which is a problem unless you put your own case which, again, is far easier in small claims court as it's less formal and a degree in legalese isn't mandatory.

So yes, this will be a bad thing for most people therefore it's a bad idea. However it's also a chance for you to get up to 5K in compensation without a lawyer rather than 1K, which may well be a good thing.

Confusing or what?

You mean third party or something else?

those with household insurance and/or a club membership are covered from a third party POV, how did you assess your "most" statement, where did you get your facts? How does this compare to pedestrians and indeed a significant % of motorists (over a million uninsured in any capacity) whom are known to be at solely at fault in a very large proprotion of road incidents?