header-logo header-logo

27 February 2020 / Dominic Regan
Issue: 7877 / Categories: Opinion , Personal injury
printer mail-detail

PI reforms: on the road to nowhere (Pt 2)

Dominic Regan hopes the proposed changes to injury litigation will be abandoned, not just postponed, before more damage is done

Members of the judiciary are surprisingly passionate. I wrote an article here last month about what I perceived to be problematic about impending changes to injury litigation. This provoked an outpouring, the likes of which I have not experienced in 30 years. Judges and lawyers made me aware of their own grave misgivings, now only partly alleviated by the government’s announcement last month that the proposed changes will be ushered in in August not April.

The problem highlighted by several is that the road traffic reforms whenever and however they are implemented will cause a logjam and district judges, already close to, if not at, breaking point, will be overwhelmed. In order to alleviate the burden upon the civil judiciary a concept called ‘Push Down’ has gained momentum. The idea is that work can be cascaded downwards. Some High Court cases could be remitted to the Circuit

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll