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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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