Introducing a fixed tariff of general damages for whiplash injuries is the first key part of the Ministry of Justice’s whiplash programme, the second being a ban on pre-medical offers and the third a five-fold increase (from £1,000 to £5,000) in the small claims limit for motor injury cases. The first two are being taken forward in the Civil Liability Bill and the third will be implemented by changes to procedural rules. Continue reading
Line-by-line scrutiny of the measures in the Civil Liability Bill – which will reform whiplash claims and re-set the legal basis for determining the discount rate – is due to take place in the Lords at Committee stages scheduled for 10 and 15 May. A raft of relevant materials has emerged over the last few days and is summarised in this post. There are three key documents: the new draft whiplash regulations, a letter from Justice Minister Lord Keen to Peers and the list of proposed amendments tabled to date. Continue reading
On 27 April the House of Lords Constitution Committee questioned the Lord Chief Justice, Lord Thomas of Cwmgiedd, on four main points: the recruitment and retention of judges, diversity in the legal profession, public perception of the legal system, and the programme to modernise the court estate. This Committee session took place more or less six months after the Lord Chief’s annual press conference last November.