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22 May 2019
Issue: 7841 / Categories: Legal News , Personal injury , Insurance / reinsurance
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Whiplash claimants deterred

Medical reports for whiplash claims should be free regardless of whether liability is admitted, the Association of Personal Injury Lawyers (APIL) has said.

APIL was responding to a Ministry of Justice (MoJ) consultation on how litigants in person will obtain medical reports after the small claims track limit for road traffic accident is raised from £1,000 to £5,000 next April. Costs are not recoverable in the small claims track.

‘The MoJ’s plans are for the wrongdoer to pay the upfront cost of the medical report but only when liability is admitted or partially admitted,’ said APIL’s immediate past president Brett Dixon.

‘All an insurer will need to do is to deny liability and the claimant will most likely go away.’ People would have to pay £180 upfront for the report, he said, and could receive as little as £225 compensation under the tariff system in return for whiplash injuries lasting three months.

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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