The profession should unite to condemn proposals to take damages from injured people, says Patrick Allen
The Ministry of Justice (MoJ) has launched yet another consultation paper about raising the small claims limit for personal injury claims (Reforming the soft tissue injury (whiplash) claims process). On my count this is the seventh such consultation since 1991.
All previous consultations came to the same conclusion—the small claims track is not suitable for personal injury (PI) claims because the no cost rule means claimants will not have legal representation. This will put them at an insuperable disadvantage in an area of complex law, evidence and procedure, where the defendants will always be represented by experienced insurance claims handlers and lawyers. Unrepresented claimants will abandon their claims in the face of a denial of liability or will be tempted to under settle, having no idea of the true value of their claim.
So why another consultation on the same topic? Insurers, who have a long record of financial support for the Tory party, have lobbied non-stop for the last 10 years for reform of
