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Civil Litigation Section

Alarm over denial of legal rights for road traffic victims

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Ordinary people, including the elderly, will be denied expert legal advice required to navigate the court system and understand essential medical evidence to prove their injury, the Law Society has warned.

The warning came as justice secretary David Lidington confirmed the Ministry of Justice (MoJ) will increase the small claims limit for personal injury.

President of the Law Society of England and Wales Joe Egan said: ‘The lord chancellor insisted today in a Justice Select Committee hearing that road traffic accident claims up to £5,000 “are not cases where it ought normally to be necessary to have legal representation”.’

‘The reality is that a five-fold increase in the small claims limit - from £1,000 to £5,000 for road traffic accidents - will prevent people who’ve been injured through no fault of their own from recovering legal costs. This means that many people would not be able to obtain legal representation for claims when they have been injured, forcing them to fight through the courts on their own without legal help.’

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