Case track limits and the claims process for personal injury claims

The Ministry of Justice (MoJ) have now published the Government Response to their consultation 'Case track limits and the claims processes for personal injury claims'.

As recommended by the Gowers Review (Recommendation 54), this consultation considered IP cases:

"DCA should review the issues raised in relation to IP cases and the fast track, and seek views in the context of its forthcoming consultation paper, which will consider the case track limits, and how the claims process can be made more timely, proportionate and cost-effective. It should bring forward any proposals for change by the end of 2007."

The conclusions in the Government Response include the following (see page 36):

"The handling of Intellectual Property claims

7. The Government welcomes the range of suggestions made by the respondents, particularly the support for increased use of mediation, which we fully endorse. In response to the comments from respondents that claimants are being deterred from bringing low value IP claims due to high legal costs, we will consider with the judiciary whether all IP claims need to be allocated to the multi-track."

We will be in touch with MoJ colleagues to take this conclusion forward.

If you have any queries about this notice please e-mail policy