How might the December election affect the whiplash reforms?

The shortest, most accurate, answer is that we simply do not know.

The ‘purdah’ period before the election will see far fewer (if any) communications from civil servants about progress in building the IT platform and refining the policy. Key decisions were to be taken by the Civil Procedure Rule Committee in order to shape the necessary statutory instrument(s) and rules governing the overall scheme of whiplash reform (as outlined in part 1 of the Civil Liability Act 2018) and changes to the small claims track limit.

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Aspects of medical treatment for fertility may raise questions of liability to others

Three ongoing matters should be noted:

First is a wide-ranging examination of surrogacy by the Law Commission. Its consultation paper ‘Building families through surrogacy: a new law’ closed earlier this month and proposed creating new regulation around surrogacy and clearer controls on associated payments. Post-consultation recommendations are likely to emerge some time in the next year or so.

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Court of Appeal refuses automatic QOCS protection for ‘mixed claims’

On Friday 18 October 2019 the Court emphatically refused to go as far as automatically affording Qualified One-way Costs Shifting (QOCS) protection to ‘mixed claims’, i.e. those in which a claim for damages for personal injuries is only one of the claims being advanced by the claimant. The decision in Brown v Commissioner of Police of the Metropolis brings clarity and pragmatism to a potentially difficult issue.

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