header-logo header-logo

28 February 2020
Categories: Legal News , Personal injury
printer mail-detail

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll