I write regarding the government's latest proposals to increase the small-claims limit for personal injury claims to £2,500. In my experience, defendants' insurers often fail to make their election on liability within the three-month protocol period, or if they do so liability is invariably disputed.

I recently acted for a claimant whose stationary vehicle was involved in a head-on collision with another vehicle. The claimant's personal injury claim was valued at less than £2,500.


The defendant's insurers disputed liability, advising their insured suffered a stroke at the wheel and therefore there was nothing he could have done to prevent the accident. Therefore, I requested disclosure of medical records as part of my investigations into liability. The insurers procrastinated for more than 12 months and I eventually applied to the court for a pre-action disclosure order. Once I had obtained it, the insurers admitted liability in full.


If the proposed changes were brought into force, I doubt in these circumstances the claimant would have pursued this matter further without any legal assistance.


He would not only have lost out on damages for pain, suffering and loss of amenity, but also the write-off value of his vehicle together with additional out-of-pocket expenses. Clearly, this cannot be in the interests of justice.


Ged Jones, Brian Camp & Co, Birkenhead, Merseyside