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17 June 2020 / Dominic Regan
Issue: 7891 / Categories: Opinion , Personal injury
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PI reforms: on the road to nowhere (Pt 3)

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The plans for reform to injury litigation are a disaster in the making & will only make matters worse, says Dominic Regan

Given the gestation period for road traffic reform soft tissue claims one would think that the finished product coming in April 2021 would be perfect. Think again. It is a shambles and is going to do real damage.

The increase in the small claims limit from £1,000 to £5,000 was supposedly to see off a claims culture, something which Lord Dyson said did not exist. Damages for soft tissue injury (not just whiplash) are to be devalued. We still await a tariff despite primary legislation having been enacted on 20 December 2018. The obvious impact of reform is that claimants will be on their own, without the benefit of legal advice and representation. A virgin claimant will have to present their claim to the rather experienced defendant insurer on a new portal.

Original plan

The original plan of the Ministry of Justice (MoJ) was

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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