Draft Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

Yet another gripping headline to draw in the reader of this blog … but despite the arcane title and multiple brackets these new regulations are worth knowing about. What they’ll do when implemented is to rectify a barrier to rights of recovery after an insurance policy covering a dissolved, insolvent or otherwise no-longer-existing insured has responded to a third party’s claim. Continue reading

Whiplash and discount rate reforms – Minister summarises proposals at APIL conference

The Association of Personal Injury Lawyers’ (APIL) annual conference ends today, 18 April 2018, with what looks to be a timely “Law Reform and litigation update” session covering the discount rate, clinical negligence, small claims, court reforms and gastric illness. The keynote address yesterday was delivered by MoJ Minister Lord Keen, who touched on most of these topics in his speech. It is understood he did not take questions after the speech and left very promptly.

The MoJ has just released Lord Keen’s speech on civil justice reform and while it is worth reading, it really does not say anything new about the Government’s reform agenda and its preferred timetable for change.

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Discount rate – two bills announced and rate change expected in medium term

This morning the Lord Chancellor issued a regulatory news story (RNS) to the Stock Exchange which confirms that new draft legislation will be brought forward to re-set the current personal injury discount rate of minus 0.75%.

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