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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
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
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
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