Whiplash regulations considered by Lords Select Committee

On 16 March the Secondary Legislation Scrutiny Committee of the House of Lords reported on the recently-tabled Whiplash Injury Regulations which set tariffs for general damages for whiplash injuries with symptoms of up to two years’ duration. The statutory tariffs (made under powers in the Civil Liability Act 2018) are appreciably lower than common law awards to date have been. The Committee report notes criticisms of the tariff and of the overall RTA small claims scheme – both of which will take effect from 31 May this year – made by the solicitor’s group MASS but refers to a letter from the Ministry of Justice that meets those criticisms in full:

“The MoJ letter is a robust response that makes clear that these matters were fully debated during the passage of the 2018 Act and the issues were decided by Parliament. We note that illustrative tariff rates were available when the Bill was in progress, which we regard as best practice, and so the House was clear that it was agreeing to a substantial reduction in awards. We also note that the 2018 Act includes a number of provisions which require review of how this scheme operates and that it can be modified if unintended consequences are found.”

Alistair Kinley, Director of Policy & Government Affairs

E-scooters – Government responds to Transport Select Committee report

The Department for Transport has reacted positively to the Committee’s recommendations about the future regulation of e-scooters. In a short response paper published on Monday this week, the DfT reconfirmed that it will adopt an evidence-based approach to future policy development, drawing heavily from data and experiences across what we believe are now as many as thirty currently-authorised trials of hire fleets of e-scooters.

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Batman, the Hulk and the European Motor Insurance Directive

Last week Advocate General Bobek published his Opinion in the latest ‘use of a vehicle’ and motor insurance case referred to the Court of Justice of the European Union. His view is not binding on the Court, but as it closely reflects the leading decisions in Juliana and Rodrigues de Andrade it seems likely it would be followed when a decision emerges. We look at his view and his super hero references in the body of this post.

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