Housing lawyers group to intervene in case concerning whether low value damages claims should exhaust internal complaints process before litigation

The Housing Law Practitioners' Association (HLPA) has been granted permission to intervene in a case against a Welsh council which concerns whether a claimant behind a damages claim should have exhausted their alternative dispute resolution options – including an internal complaints process – before being permitted to engage in litigation.

The membership organisation has raised concerns about the use of the term “low value”, arguing that the sums could be considered life-changing for some.

The case was described by Lady Justice Andrews - who permitted the claim to be heard by the Court of Appeal in January 2023 - as raising "an extremely important issue relating to access to justice".

In handing down permission, Andrews J stated that the issue at hand: "[Concerns] whether a claimant who unreasonably refuses to engage in ADR in breach of the requirements of the Practice Direction (Pre-Action Conduct and Protocols) can be precluded from bringing or advancing a claim in court."

Merthyr Tydfil County Borough Council is set to argue that people making relatively low-value claims against public authorities should be required to exhaust any internal complaints process before they engage in litigation, including following any relevant Pre-Action Protocol".

The dispute arose from a claim for damages for nuisance caused by an alleged incursion of Japanese Knotweed from council-owned land. A barrister acting for the council noted that although the case concerns a knotweed claim, the principle is the same for all claims against publicly funded organisations.

In a statement announcing its permission to intervene, the HLPA said it objects to the term 'low value' because for many of its members, the sums being referred to "could be life changing and may, for example, be enough to save them from homelessness".

The HLPA is a membership organisation that aims to promote, foster and develop the rights of homeless persons, tenants and others who receive housing services or are disadvantaged in the provision of housing.

Giles Peaker of Anthony Gold Solicitors and Justin Bates of Landmark Chambers are acting for the HLPA.

Adam Carey