Report comment

As usual the big loser here is the potential claimant. For example a "little old lady" falls in the street due to a raised paving stone. The council will automatically lodge a s58 defence. The only way to counter this is by collecting witness statements from local residents and possibly appointing an independent engineer to inspect the site and prepare a report including photo's and measurements. This is on top of the need for an independent medical to asses the injury. The costs quickly mount up but the claimant only expects to recover £2000 for her injury. Is it disproportionate to run this case? If so is there not an immediate breach of the indemnity principal? Or does proportionality not apply because the application of QOCS means that the claimants costs are paid by the defendant regardless of outcome? The bottom line is that solicitors are going to be wary about taking on this "small" claim because of the associated costs. The fact that £2000 would make a big difference to the "little old lady" seems irrelevant.