“Will they or won’t they?” has been the question for many personal injury lawyers wondering whether their practices were about to disappear into oblivion with the raising of the small claims limit. The question has now been answered: “not at this stage”. The government clearly thinks that it would be good to raise it. However it does not intend to do so ‘at this stage’ because it might have an adverse effect on victims of RTAs with genuine injuries. It wants to develop safeguards before an increase in the limit is considered.
The government has also responded to the consultation on its proposal to set up panels of independent medical experts. It intends to go ahead with this with the intention of having experts who give better advice on whiplash injuries. The view is that only reports from accredited medical experts would be accepted in evidence in whiplash claims. Reports will be in a standardised format and the government intends to stop experts being paid by those who favour a certain outcome. Further work is to be done before a proposal is published.
You may or may not have been aware that the transport select committee had recommended reducing the limitation period for road traffic cases involving personal injury from three years. The government has made it clear it does not intend to do so. Such a move would make the law of limitation more complicated and would cause a massive surge in litigation – at a point when the court system is struggling in any event.
The government has also suggested measures to challenge fraudulent or exaggerated claims. These include better data collection in order to establish the extent of the problem, prohibiting settlement without a medical report and the sharing of data by insurance companies with claimant solicitors to help claimant lawyers carry out ‘know your client checks’. Whether this will really make any difference is open to doubt – one school of thought is that vehicle technology (dashboard cameras, speed recording devices etc) will only really make a difference.