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MPs have begun an inquiry into whether whiplash claims are being processed effectively following a series of reforms.

Personal injury lawyers have welcomed aspects of a landmark Court of Appeal decision on mixed injury cases, although some warned it could create ‘more uncertainty’.

The Ministry of Justice (MoJ) has announced that they are seeking evidence for a paper exploring how a dual or multiple personal injury discount rate system might work and what the possible effects on claimants and defendants might be.

HM Courts & Tribunals Service (HMCTS) has published fact sheets on the progress it has made in two civil court projects around the Damages Claims Portal (DCP) and the Online Civil Money Claims (OCMC) service. This is part of HMCTS’s programme to modernise the courts and tribunals system to improve accessibility and efficiency.

The Civil Procedure Rules Committee (CPRC) has opened a consultation on proposed amendments to Annex C of the Pre-Action Protocol for Personal Injury Claims.

The top personal injury cases of 2022 are outlined by Leigh Day partner Vijay Ganapathy, in this week’s NLJ.

Vijay Ganapathy considers key issues dealt with by the courts in headline personal injury cases this year

Dominic Regan sees February and October in the fixed costs tea leaves, predicts Belsnerphobia in Wolverhampton, and shares the joy of swag

Personal injury organisations APIL and MASS have been given permission by the Court of Appeal to intervene in two test cases to help establish levels of compensation to be awarded for ‘mixed’ whiplash injuries.

Further civil costs reforms may be required, following the Court of Appeal’s judgment in Belsner v CAM Legal Services [2022] EWCA Civ 1387.

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MOVERS & SHAKERS

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Slater Heelis—Oliver Banks

Manchester firm strengthens Court of Protection expertise with partner hire

Talbots Law—Sara Pickerin & Nicholas Playford

Agricultural law team expands with senior director appointments

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

NEWS

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Gear up for Pro Bono Week with bake-offs & brain-teasers

The London Legal Support Trust (LLST) is calling on the legal community to don aprons and sharpen their pencils for two of its most popular fundraising events—the Great Legal Bake and the Great Legal Quiz. The events, which take place in November, raise vital funds for free legal advice charities across London and the South East

Ministers put whiplash policy under review

The Ministry of Justice (MoJ) has launched a review of its whiplash policies, including fixed tariffs, statutory definition of the injury, ban on settling cases without medical evidence and small claims limit

Presumption of contact to end

Family lawyers have welcomed government plans to repeal the presumption of parental involvement from the Children Act 1989, but emphasised the need for each case to be determined on its facts

Lawyers fear AML switch could leave gaps & hike costs

Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned

Claimants intimidated by aggressive defence, says APIL

Defendant lawyers are ‘routinely dangling’ the prospect of a fundamental dishonesty argument ‘as a tactic to instil fear and to discourage’ claimants, the Association of Personal Injury Lawyers (APIL) has warned.

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Damages

MOVERS & SHAKERS

Slater Heelis—Oliver Banks

Talbots Law—Sara Pickerin & Nicholas Playford

Kingsley Napley—Claire Green