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10 February 2012 / Patrick Allen
Issue: 7500 / Categories: Features , Personal injury
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Accidents do happen

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Patrick Allen joins the debate over whiplash claims

The stream of prejudice against those who bring personal injury claims has continued unabated over the last few months. The Lofstedt report on health and safety regulations was published in November 2011. Professor Lofstedt made many sensible suggestions such as exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others, simplifying the disclosure requirement for pre-action protocols and reviewing the requirement for strict liability in some regulations.

Crucially he said in his introduction: “I have concluded…there is no case for radically altering current health and safety legislation…There is a view across the board that the existing regulatory requirements are broadly right, and that regulation has a role to play in preventing injury and ill health in the workplace. Indeed, there is evidence to suggest that proportionate risk management can make good business sense.”

Government spin

However, that did not fit in with the government pro-conker spin and they were clearly reading a different report. “The

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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