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17 March 2021 / Dominic Regan
Issue: 7925 / Categories: Opinion , Procedure & practice , Personal injury
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The insider: 19 March 2021

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Whiplash reform, class action claims & risky rule changes: Dominic Regan provides the inside scoop

Personal injury reform

In my last (which was also my first) column, I suggested that the personal injury small claims reforms might suffer a bump or two themselves (see NLJ, 12 February 2021, p6). While we now know that the whiplash reforms will come into effect on 31 May, it is gratifying to see that other injury claims are to be left alone after all. I know the Ministry of Justice says that further reforms are possible. The department might look at fixed costs for cases worth between £25,000 and £100,000. The Ministry promised to publish final proposals no later than 6 September 2019. It didn’t and hasn’t.

On employers’ liability cases, we saw the Association of British Insurers combine with Thompsons Solicitors to declare that neither side wanted change. There was no evidence of fraudulent claims and the respective lawyers got on very well.

Incidentally, it was Stephen Gold, legendary columnist

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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