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.
