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15 February 2018
Issue: 7781 / Categories: Legal News
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Whiplash reforms divisive

Small claims limit for RTAs set to be raised to £5,000

Controversial whiplash reforms could come in as early as April next year, ministry officials have confirmed to solicitors.

The Motor Accident Solicitors Society (MASS) has revealed ministers confirmed at a meeting this week that they plan to introduce tariffs for soft tissue or whiplash injuries in April 2019. The plan is dependent on the Civil Liability Bill progressing through Parliament in time.

The small claims limit for road traffic accident cases would be raised from £1,000 to £5,000 via secondary legislation at the same time. MASS say most claimants would not then be able to access legal representation, as costs cannot be recovered in the small claims court.

Simon Stanfield, chair of MASS, said MASS would fight the plans but warned that, if approved, there were ‘still huge questions about how it would be implemented, operated and how the worst consequences can be limited. There is an enormous amount for the government to sort out if it is to hit its April 2019 target date’.

Patrick Allen, senior partner of Hodge Jones & Allen, described the reforms as ‘misconceived’.

‘The reforms will put significant impediments in the way of claimants seeking justice for smaller personal injury claims and would appear to be caught by the Supreme Court’s statement in last July’s Unison case that, without unimpeded access to justice, the democratic process was in danger of becoming “a meaningless charade”,’ he said.

‘Therefore, the government may struggle to persuade Parliament or the courts that the proposed reforms are lawful.’

However, insurance lawyer Deborah Newberry, head of public affairs at Kennedys, welcomed the news.

‘For compensators, including insurers, the uncertainty around the Civil Liability Bill has understandably been a source of considerable frustration—compounded by the uncertainty around the domestic reform agenda more broadly and the UK’s exit from the EU.’

Issue: 7781 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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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