Insight: Personal Injury

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23 September 2015


The third issue of Legal Futures Insight delves into an area of legal practice that has been in constant turmoil over recent years: personal injury.

MedCo has been the source of constant headlines on our sister site Litigation Futures in recent months, and in this issue we explore what is going well and what not so well. With the process of weeding out some of the worst offenders now underway, is fragmentation of the market for medical reports is a good thing or will it only lead to more confusion?

The other most pressing issue of the moment is clinical negligence. Once seen as a safe haven from mainstream personal injury, it is facing a double-pronged assault: caps on fees in low-value cases (although what the government considers low value is very different from claimant lawyers), and an end to the recoverability of after-the-event (ATE) premiums for experts’ reports. We look at both issues and the state of the ATE market more broadly.

Finally, with the suspension of budgeting for negligence claims in the High Court from next month, three leading costs lawyers give their very frank views on what the problems are and what the way forward might be.

 


Legal Futures Blog

‘No, minister – CMCs are not the answer to your problem’

Qamar Anwar 2

Last month, MPs on the justice select committee asked minister Lord Keen what would happen when the government went ahead with its plan to raise the small claims limit for personal injury claims (from £1,000 to £5,000 for road traffic related claims and to £2,000 for everything else). As it is a jurisdiction in which lawyers do not generally operate – because legal costs are not recoverable – who might help claimants navigate what can still be a complex process? His answer, surprisingly, was claims management companies.

February 22nd, 2018