header-logo header-logo

28 March 2013 / Peter Thompson KC
Issue: 7554 / Categories: Opinion , Legal services , Profession , Fees , Personal injury , Jackson
printer mail-detail

The Clapham claimants

Peter Thompson QC assesses the impact of Jackson on the reasonable person

The man on the Clapham omnibus is as likely as anyone to be involved in a road traffic accident and what follows applies equally to the child in the back of a Clapham mini-cab and the young woman on the pillion of a Clapham motor-cycle. They are all victims of injury caused by some insured person’s tortious behaviour. They will all have acted reasonably: they will have worn a seatbelt or helmet where appropriate, they will not have been out drinking with the driver and will not present exaggerated or fraudulent claims. All are entitled to access to justice if a settlement cannot be reached in correspondence.

Our Clapham claimants, just described, have a particular interest in the Jackson reforms that come into force on Monday. The purpose of this article is to assess their impact on the reasonable man, or woman, who is injured and entitled to redress.

At the bottom end, the small claims limit

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll