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The small claims procedure is mandated for most claims whose value is less than 5000, although there is a lower threshold for personal injury cases. This may be because it is, in general, not possible for the winner to recover Costs in small claims litigation, so it is often impractical to employ a Solicitor. Personal injury cases are -- it is argued -- more likely to require the assistance of a solicitor, and should therefore be assigned to a case track where recovery of costs is possible.
The small claims procedure does not provide for orders for disclosure of documents, and does not require the exchange of witness statements.