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PI reforms: on the road to nowhere (Pt 2)

27 February 2020 / Dominic Regan
Issue: 7877 / Categories: Opinion , Personal injury
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Dominic Regan hopes the proposed changes to injury litigation will be abandoned, not just postponed, before more damage is done

Members of the judiciary are surprisingly passionate. I wrote an article here last month about what I perceived to be problematic about impending changes to injury litigation. This provoked an outpouring, the likes of which I have not experienced in 30 years. Judges and lawyers made me aware of their own grave misgivings, now only partly alleviated by the government’s announcement last month that the proposed changes will be ushered in in August not April.

The problem highlighted by several is that the road traffic reforms whenever and however they are implemented will cause a logjam and district judges, already close to, if not at, breaking point, will be overwhelmed. In order to alleviate the burden upon the civil judiciary a concept called ‘Push Down’ has gained momentum. The idea is that work can be cascaded downwards. Some High Court cases could be remitted to the Circuit Bench and, in turn, district judges would see matters dropped

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