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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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