Prison assault cases reinforces approach to valuing damages for multiple injuries

The recent case Newell v Ministry of Justice arose out of a very violent attack by one inmate of a secure prison unit on another. The seriously injured claimant took an action against the MoJ (which is responsible for running prisons) alleging its negligent failure to supervise his assailant properly in light of the risk that he (the assailant) presented. The fact that Newell, a convicted murderer, succeeded in his claim and was awarded £85,000 (plus interest) for his injuries seems largely to have escaped, so far, the attention of the tabloid press. The judge’s approach to quantifying damages for multiple injuries may be of greater interest to an audience from the claims sector.

Continue reading

The Emperor’s New Clothes? Whiplash reforms delayed for four months to August 2020

Just like the town folk in the fairy tale about the duped naked Emperor, we could all see that something odd was going on here but none of us called it out. The Lord Chancellor Robert Buckland now has.

In a Parliamentary statement today he confirmed that implementation of the whiplash reforms will be delayed until 1 August 2020. He also clarified important aspects of the package of measures, including handling arrangements for vulnerable road users and the shelving of plans for ADR.

Continue reading

Whiplash: pre-registration begins

The ‘reveal’ yesterday of the website for the new whiplash claims service – with user registration opening at https://www.officialinjuryclaim.org.uk/ – marks the end of the near-total silence which fell over the reform programme before last month’s election and during the Christmas and New Year break. This doesn’t, of itself, mean that the proposed go-live date of 6 April 2020 is now beyond doubt, but I think it has become more likely as a consequence.

Continue reading