Additional source material on whiplash reforms released on Friday

The Pre-Action Protocol (PAP) and the Practice Direction (PD) for the whiplash and small claims reforms were released on Friday, just a day after the whiplash damages tariff was finalised. It is important to note that the new PAP – The RTA Small Claims PAP, available here – covers all road traffic injury claims which fall under the new small track limit of £5,000 (for the injury) and are subject to an overall maximum claim value of £10,000. It will be mandatory for qualifying claims to follow the new PAP procedures, which will be brought to operational life via the www.officialinjuryclaim.org.uk (OIC) Portal. 

We set out some early thoughts on the new RTA SCP below. We’ll be developing these views and presenting them in online briefings to be arranged over the new few weeks – please get in touch if you would like to be involved.

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Latest word on “use” of a vehicle: Carroll v Taylor (decided on 30 January 2020)

Following the Supreme Court cases around this time last year – Cameron v Hussain & LV and, perhaps more pertinently, UK Insurance v R&S Pilling – it might have been thought that the meaning of the short but critical word “use” in the context of road traffic accidents and insurance was settled. The point however was tested again very recently in the High Court in Carroll v Taylor & others.

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Further European questions on the compulsory motor insurance regime

Several recent developments which are likely to affect the ultimate policy outcome for motor insurance law in the UK should be noted, namely the ongoing REFIT legislative process and the recent cases BTA Baltic Insurance and Cameron v Hussain.

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