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One of the main points that Osborne fails to address is that the value of the claim is only ONE governing dynamic in decided track allocation.

I acted for a Claimant where his claim was worth £2000.00 but he was wrongfully accused of fraud (not being in the vehicle) Now, this allegation did not surface until the Defence was filed.
The case settled on the morning of the Trial. C was completely 100% innocent.

The point I make is, under these reforms, this Claimant’s case, ( Based on a £2000.00 value) would probably not be dealt with by a firm of Solicitors. With a £2000.00 value, the claim would have been risk assessed as small claim and financially an unattractive piece of litigation

Chances are claims like this will never be pursued, why will somebody with, at worse, a bit of neck ache for 6 months want the hassle of pursuing a claim via the small claims court? Particularly if they have to undergo physio rather than just get their £2,000 compo cheque.

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