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Ian Davies, who leads our motor team, responds to publication of secondary legislation to introduce the whiplash reforms on 31 May.
In our 27th and final Motor Wednesday webinar of 2020, held in December, we reflected on some of the key impacts of COVID-19 on motor claims. As well as considering key impacts of the global pandemic, we discussed other important developments including those relating to Brexit, the Whiplash Reforms, MoJ Portal claims, alternative dispute resolution, fundamental dishonesty findings and tomorrow’s vehicles.
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
In a statement made today, the Lord Chancellor and Secretary of State for Justice has confirmed that implementation of the Whiplash Reform Programme has been pushed back to May 2021.
A summary of key developments including an update on the practical implications of COVID-19 on the management of RTA litigation; the whiplash reforms; changes to the rules on statements of case, statements of truth, and witness statements; and consultations on e-scooter trials and the potential regulatory framework for micromobility vehicles.
A roundup of recent court decisions raising issues relating to the applicability of fixed recoverable costs and set off in Qualified One Way Costs Shifting cases; uninsured motor accidents on private land; credit hire and fundamental dishonesty.
In this article we explore what impact the COVID-19 pandemic has had on the court system in England and Wales, and the resultant practical issues in the management of road traffic accident litigation.
Two days prior to the 2019 general election we questioned whether the Whiplash Reforms were dead, dying or dormant. Since then, a significant Conservative majority and an indication from the Ministry of Justice of their continued commitment to the reforms should have led to the personal injury portal going live in April.
In celebration of National Apprenticeship Week, we will be sharing a mini-series of interviews with some of our apprentices, past and present, in which they share their stories and experiences of their apprenticeship journeys at Kennedys.
With the general election only two days away, many commentators have suggested that the whiplash reforms will not now come into force in April 2020 as has been proposed.