Q&As

What would be the small claims limit for mixed claims (eg dpa, misuse of private information but the damage includes a personal injury)? Would the small claims limit be £10,000, or would it be the personal injury limit of above £1000 for  pain, suffering and loss of amenity?

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Published on LexisPSL on 18/12/2019

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  • What would be the small claims limit for mixed claims (eg dpa, misuse of private information but the damage includes a personal injury)? Would the small claims limit be £10,000, or would it be the personal injury limit of above £1000 for  pain, suffering and loss of amenity?

Would the small claims limit be £10,000, or would it be the personal injury limit of above £1000 for pain, suffering and loss of amenity (PSLA)?

This query relates to the scope of the small claims track where a claim is in part for damages for personal injuries but where non-personal injury damages are also claimed in the context of the same proceedings. It is directed at the question of how allocation is affected by the non-personal injury element.

The relevant provision is CPR 26.6, which sets out how a court is to determine whether a case is to be allocated to the small claims track. The relevant part of the rule states:

‘(1) The small claims track is the normal track for—

(a) any claim for personal injuries where—

(i) the value of the claim is not more than £10,000; and

(ii) the value of any claim for damages for personal injuries is not more than £1,000;’

Further CPR 2.3 defines

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