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28 February 2020
Issue: 7877 / Categories: Legal News , Personal injury
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Whiplash concerns as ADR dropped

Judges and personal injury lawyers have criticised the lack of provision for alternative dispute resolution (ADR) in the whiplash reforms, now delayed until 1 August
Announcing the four-month delay this week, in a written statement to parliament, the Lord Chancellor also revealed that a free, independent ADR service for unrepresented claimants, which was to be funded by insurers, has been dropped. The reforms will increase the small claims personal injury limit from £1,000 to £5,000 and introduce a tariff system for whiplash injuries.

Writing for NLJ, Professor Dominic Regan, of City University, says: ‘It now appears that ADR will be abandoned on account of expense… So, absent a mediator, there is palpable concern that a claimant who receives an offer will not have a clue about whether to accept it.’

His last NLJ column, also on the reforms, ‘provoked an outpouring [from judges], the likes of which I have not experienced in 30 years’, he said.

The judges were concerned road traffic accident (RTA) claims would cause a ‘logjam’, overwhelming District Judges with work, he said. One judge told Prof Regan they were ‘already having nightmares about paid McKenzie Friends pitching up’.

Insurance lawyer Ian Davies, partner, Kennedys Law, said: ‘It is clear that the decision to move away from the ADR solution will put further pressure on the court system.

Gordon Dalyell, president, Association of Personal Injury Lawyers, said the lack of provision for ADR was ‘just not good enough’.

‘Failure to include an effective and fair way of resolving conflict in the new portal pits the inexperienced individual against the seasoned insurer without a safety net, hoping everything will go without a hitch,’ he said.

‘It assumes that the injured person will simply accept without question what the insurer says has happened, who is at fault, and how much compensation is fair. Or, if the injured person refuses to accept what he’s told, it is assumed he will be able to take his case to the small claims court.’

Issue: 7877 / Categories: Legal News , Personal injury
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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