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20 June 2013 / Theo Richardson-Gool
Issue: 7565 / Categories: Features , Personal injury
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Too high a price

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Plans to reform whiplash claims will marginalise victims, says Theo Richardson-Gool

Later this year, the Ministry of Justice (MoJ) is likely to come to a decision over its plans to increase the small claims threshold from £1,000 to £5,000, for victims of road traffic accidents. The government has made a commitment to tackle fraudulent whiplash claims and reduce consequent legal costs. More recently, there has been speculation that this limit could be raised as high as £15,000 for all personal injury claims.

By raising the claims threshold, the government believes most whiplash claims will go through the small claims court, and thus prevent rising insurance premiums and reduce costs for defendants (often insurers) when challenging fraudulent whiplash claims. The impetus is for personal injury victims to either represent themselves or bear the costs of legal representation, as opposed to insurers paying for such costs under the current rules.

The MoJ has been spurred on by estimates from insurers that whiplash claims add £90 a year to the average motor insurance policy, although

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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