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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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