Damages

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

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.