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Whipping up a storm

09 February 2012
Issue: 7500 / Categories: Legal News
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Government & ABI “stoking” compensation culture myth

A leading personal injury lawyer has accused government ministers and the Association of British Insurers of “stoking” the myth of the compensation culture.

A “stream of prejudice” against personal injury (PI) claimants has given rise to measures such as the Jackson reforms which, he argues, will make it more difficult for injured workers to claim compensation, and the government’s reining in of whiplash claims.

Writing in NLJ, Patrick Allen, senior partner at Hodge, Jones & Allen, says: “It seems that it is not the consequences of the banking collapse which is holding back the economy but British businesses that ‘every day battle against a tide of risk-assessment forms and face the fear of being sued for massive sums’.

“In fact, precisely the opposite is true in terms of the effects on the economy, as you can find a few clicks away on the Health and Safety Executive’s website. In 2010-11, 26.4 million days were lost due to work-related illness and workplace injury. 1.2 million people were suffering from an illness which they believed was caused or made worse by their work. Workplace injuries and ill health (excluding cancer) cost society an estimated £14bn in 2009-10.”

Allen notes the Transport Select Committee wants the “bar raised” on the proof required for a whiplash claim. He asks whether the committee may be “overreacting”.

The Ministry of Justice announced last week that the implementation of the Jackson reforms, which are likely ro reduce the number of PI claims, will be delayed until April 2013. The legal aid provisions of the Legal Aid, Sentencing and Punishment of Offenders Bill have also been delayed until that date.

NLJ columnist Professor Dominic Regan, of City Law School, says: “The postponement is welcome. It is essential, given the enormity of the reforms, that measures are thoroughly prepared. The current Pt 36 mess is due to implementation with undue haste in 2007.”

Issue: 7500 / Categories: Legal News
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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