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28 February 2020
Categories: Legal News , Personal injury
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Judges struck by whiplash fears

Judges have told of their fears road traffic accident (RTA) claims will cause a ‘logjam’ and district judges will be ‘overwhelmed’ when personal injury reforms are introduced later in the year, writes NLJ columnist Dominic Regan

In a written statement to the House of Commons yesterday the Lord Chancellor announced that implementation of the reforms is to be delayed from 1 April to 1 August 2020.

Professor Regan writes that his last NLJ column, on problems with the proposed changes, ‘provoked an outpouring, the likes of which I have not experienced in 30 years’.

The subject of concern was the concept of ‘push down’, by which cases are cascaded downwards. Judges also expressed concern about the potential abandonment of alternative dispute resolution, the lack of properly qualified legal advisers, and the misery caused by unethical behaviuor on the part of claims management companies. One judge told Professor Regan they were ‘already having nightmares about paid McKenzie Friends pitching up’.

The proposed changes include increasing the small claims personal injury limit from £1,000 to £5,000 and introducing a tariff system for whiplash injuries, which is likely to decrease awards, devalue quantum and diminish legal costs.

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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