header-logo header-logo

22 May 2019
Issue: 7841 / Categories: Legal News , Personal injury , Insurance / reinsurance
printer mail-detail

Whiplash claimants deterred

Medical reports for whiplash claims should be free regardless of whether liability is admitted, the Association of Personal Injury Lawyers (APIL) has said.

APIL was responding to a Ministry of Justice (MoJ) consultation on how litigants in person will obtain medical reports after the small claims track limit for road traffic accident is raised from £1,000 to £5,000 next April. Costs are not recoverable in the small claims track.

‘The MoJ’s plans are for the wrongdoer to pay the upfront cost of the medical report but only when liability is admitted or partially admitted,’ said APIL’s immediate past president Brett Dixon.

‘All an insurer will need to do is to deny liability and the claimant will most likely go away.’ People would have to pay £180 upfront for the report, he said, and could receive as little as £225 compensation under the tariff system in return for whiplash injuries lasting three months.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll