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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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