header-logo header-logo

19 February 2020 / Dominic Regan
Issue: 7875 / Categories: Opinion , Procedure & practice
printer mail-detail

PI reforms: on the road to nowhere?

16208
Dominic Regan urges the government to think twice before introducing a raft of personal injury reforms

The government is intent upon increasing the personal injury small claims limit. That is understandable insofar as it has stood at £1,000 since 1991. It will double soon but for most road traffic accidents it will increase fivefold.

At the same time, using powers under the Civil Liability Act 2018, the Lord Chancellor, whoever that might happen to be in the relevant week, will impose a tariff for whiplash injuries affecting the neck, back or shoulder. Quantum will be devalued and common cases will attract awards of a few hundred pounds. Even those cases where symptoms continue for, say, 18 months will be small claims. Consequently, legal costs, which are already capped at modest levels, will disappear.

Absent legal advice, claimants will inevitably become their own legal representatives. The theory is that a user-friendly claims portal administered by the Motor Insurers Bureau will enable a claimant to bring a claim. For a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll