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17 June 2020 / Professor 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)

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
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
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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