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17 March 2021 / Dominic Regan
Issue: 7925 / Categories: Opinion , Procedure & practice , Personal injury
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The insider: 19 March 2021

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Whiplash reform, class action claims & risky rule changes: Dominic Regan provides the inside scoop

Personal injury reform

In my last (which was also my first) column, I suggested that the personal injury small claims reforms might suffer a bump or two themselves (see NLJ, 12 February 2021, p6). While we now know that the whiplash reforms will come into effect on 31 May, it is gratifying to see that other injury claims are to be left alone after all. I know the Ministry of Justice says that further reforms are possible. The department might look at fixed costs for cases worth between £25,000 and £100,000. The Ministry promised to publish final proposals no later than 6 September 2019. It didn’t and hasn’t.

On employers’ liability cases, we saw the Association of British Insurers combine with Thompsons Solicitors to declare that neither side wanted change. There was no evidence of fraudulent claims and the respective lawyers got on very well.

Incidentally, it was Stephen Gold, legendary columnist at NLJ, who first declared that the reforms

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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