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PI reforms: on the road to nowhere?

19 February 2020 / Dominic Regan
Issue: 7875 / Categories: Opinion , Procedure & practice
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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