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19 February 2020 / Professor Dominic Regan
Issue: 7875 / Categories: Opinion , Procedure & practice
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PI reforms: on the road to nowhere?

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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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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