header-logo header-logo

Grayling gives go-ahead for whiplash action

24 October 2013
Issue: 7581 / Categories: Legal News
printer mail-detail

Justice Secretary to introduce independent medical panels to assess injuries but defers RTA small claims limit increase

Claimant personal injury lawyers have given a cautious welcome to government plans to tackle fraudulent whiplash claims.

Justice Secretary Chris Grayling gave the go-ahead this week to proposals to introduce independent accredited medical panels to assess injuries of claimants and weed out exaggerated or fraudulent claims, and to require injured parties to have a medical report before they can make a claim.

However, he is deferring plans to increase the small claims limit from £1,000 to £5,000 for road traffic accident injuries. The House of Commons transport committee had argued that raising the limit could reduce access to justice and encourage the growth of claims management companies.

The Ministry of Justice (MoJ) first consulted on the proposals in December. 

John Spencer, vice-president of the Association of Personal Injury Lawyers, says he supports ensuring claimants are examined by an independent medical expert.

However, he warns: “The devil really will be in the detail. Who will control the panel? Who will register experts to it and control entry to the panel? What will the appeal process be?”

Simon Gibson, managing partner of personal injury firm SGI Legal, says it is “in the interests of all parties” for medical experts to be independent, but urges the MoJ “to fully consult with stakeholders to ensure that the implementation of the panels adds value to the claims process”.

Laurence Besemer, chief executive of the Forum of Insurance Lawyers, welcomes the MoJ announcement.

Issue: 7581 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll