header-logo header-logo

PI reforms: on the road to nowhere?

19 February 2020 / Dominic Regan
Issue: 7875 / Categories: Opinion , Procedure & practice
printer mail-detail
16208
Dominic Regan urges the government to think twice before introducing a raft of personal injury reforms

The government is intent upon increasing the personal injury small claims limit. That is understandable insofar as it has stood at £1,000 since 1991. It will double soon but for most road traffic accidents it will increase fivefold.

At the same time, using powers under the Civil Liability Act 2018, the Lord Chancellor, whoever that might happen to be in the relevant week, will impose a tariff for whiplash injuries affecting the neck, back or shoulder. Quantum will be devalued and common cases will attract awards of a few hundred pounds. Even those cases where symptoms continue for, say, 18 months will be small claims. Consequently, legal costs, which are already capped at modest levels, will disappear.

Absent legal advice, claimants will inevitably become their own legal representatives. The theory is that a user-friendly claims portal administered by the Motor Insurers Bureau will enable a claimant to bring a claim. For a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll