Government postpones whiplash reforms to April 2021

It was only the end of February when the Lord Chancellor made a statement pushing implementation back to this August. I commented at the time that it was “very difficult to see further delay after the Lord Chancellor’s intervention today.”

In ordinary times that would surely have been the case. But the spread of the coronavirus pandemic in the two months since and the changes it has brought to the government’s priorities have prompted the Lord Chancellor to step in again and confirm a further postponement to April 2021. Although his latest statement refers to the “unprecedented impact on the medical, legal and insurance sectors” of the pandemic it should be noted that it begins with a clearly restated commitment to these reforms.

If there is no further delay then the measures are set to go live some five and a half years after first being outlined in the Autumn Statement of 2015.

Farah v Abdullahi: a careful analysis of causation in road traffic accidents

An horrendous sequence of events left the claimant with a serious brain injury and the first defendant on a charge of attempted murder. He had twice deliberately driven at the claimant, first forcing him onto another car and second pushing him 30 metres along the road surface at around 20 miles per hour. In between these attacks, the claimant was thrown from the bonnet of the other car as it was driven off. The High Court decision of 8 April 2020 deals with attribution of his injuries across the incident as a whole and whether there were breaks in the chain of causation.

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Bueno Ruiz: latest CJEU case reconfirms wide approach to “use of vehicle” and motor insurance

In an Order published on 14 February, the Court of Justice of the EU showed it continues to interpret the scope of compulsory insurance in the Motor Insurance Directive, widely to give maximum effect to the protection of injured parties. This will come as little surprise given its approach since Vnuk in 2014.

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