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10 February 2012 / Patrick Allen
Issue: 7500 / Categories: Features , Personal injury
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Accidents do happen

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Patrick Allen joins the debate over whiplash claims

The stream of prejudice against those who bring personal injury claims has continued unabated over the last few months. The Lofstedt report on health and safety regulations was published in November 2011. Professor Lofstedt made many sensible suggestions such as exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others, simplifying the disclosure requirement for pre-action protocols and reviewing the requirement for strict liability in some regulations.

Crucially he said in his introduction: “I have concluded…there is no case for radically altering current health and safety legislation…There is a view across the board that the existing regulatory requirements are broadly right, and that regulation has a role to play in preventing injury and ill health in the workplace. Indeed, there is evidence to suggest that proportionate risk management can make good business sense.”

Government spin

However, that did not fit in with the government pro-conker spin and they were clearly reading a different report. “The coalition is determined to tackle the pervasive compensation culture that

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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