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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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