header-logo header-logo

09 February 2012
Issue: 7500 / Categories: Legal News
printer mail-detail

Whipping up a storm

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
printer mail-details

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