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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.

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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