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Whipping up a storm

09 February 2012
Issue: 7500 / Categories: Legal News
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Government & ABI “stoking” compensation culture myth

A leading personal injury lawyer has accused government ministers and the Association of British Insurers of “stoking” the myth of the compensation culture.

A “stream of prejudice” against personal injury (PI) claimants has given rise to measures such as the Jackson reforms which, he argues, will make it more difficult for injured workers to claim compensation, and the government’s reining in of whiplash claims.

Writing in NLJ, Patrick Allen, senior partner at Hodge, Jones & Allen, says: “It seems that it is not the consequences of the banking collapse which is holding back the economy but British businesses that ‘every day battle against a tide of risk-assessment forms and face the fear of being sued for massive sums’.

“In fact, precisely the opposite is true in terms of the effects on the economy, as you can find a few clicks away on the Health and Safety Executive’s website. In 2010-11, 26.4 million days were lost due to work-related illness and workplace injury. 1.2 million people were suffering from an illness which they believed was caused or made worse by their work. Workplace injuries and ill health (excluding cancer) cost society an estimated £14bn in 2009-10.”

Allen notes the Transport Select Committee wants the “bar raised” on the proof required for a whiplash claim. He asks whether the committee may be “overreacting”.

The Ministry of Justice announced last week that the implementation of the Jackson reforms, which are likely ro reduce the number of PI claims, will be delayed until April 2013. The legal aid provisions of the Legal Aid, Sentencing and Punishment of Offenders Bill have also been delayed until that date.

NLJ columnist Professor Dominic Regan, of City Law School, says: “The postponement is welcome. It is essential, given the enormity of the reforms, that measures are thoroughly prepared. The current Pt 36 mess is due to implementation with undue haste in 2007.”

Issue: 7500 / Categories: Legal News
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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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