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Thomas Challacombe provides a Personal Injury Update on the recent announcement regarding the Whiplash Reform Programme

22nd April 2020

Personal Injury Update April 2020

Thomas Challacombe provides a Personal Injury Update on the recent announcement regarding the Whiplash Reform Programme. Recommend in the Legal 500 2020 edition, Thomas “is noted for his strong claimant practice, with particular experience of employer’s liability claims involving members of the armed forces.”

Whiplash Reform Programme

On the 21st April 2020 the Lord Chancellor and Secretary of State for Justice, The Rt Hon Robert Buckland QC, announced a delay to the implementation of the Whiplash Reform Programme.

A link to his statement to Parliament can be found here:

https://www.gov.uk/government/speeches/update-on-the-implementation-of-the-whiplash-reform-programme?utm_source=b449dd3b-914b-4335-af1e-24c4ce635aa1&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Central to the statement is the Government’s ‘firm’ commitment to implementing the measures, which will:

Deliver an increase to the small claims track limit for road traffic accident related personal injury claims from £1,000 to £5,000;
Introduce a fixed tariff to damages for PSLA;
Prevent the making and accepting of pre-medical offers.

The government had announced that these measures would  be introduced with effect from August 2020. The current Covid-10 pandemic has resulted in a delay, for now, to April 2021. The delay is subject to further review if the need arises.

Statements of Truth

As a reminder, as of 6th April 2020, the Practice Direction to r22 of the CPR has been amended to change the form of statements of truth to statements of case and witness statements. Practice Direction 22, Para 2.1 and 2.2 now provides as follows:

2.1  The form of the statement of truth verifying a statement of case, a response, an application notice or a notice of objections should be as follows:

‘[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

2.2  The form of the statement of truth verifying a witness statement should be as follows:

‘I believe that the facts stated in this witness statement are true I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

Bereavement Award

On 19th March 2020, the Damages for Bereavement (Variation of Sum) (England and Wales) Order was laid before Parliament. The Order will come into force on 1st May 2020, and will apply only to causes of action in England and Wales which accrue after that date. The Order will increase the sum awarded for bereavement damages under S1A (3) of the Fatal Accidents Act 1976 from £12,980 to £15,120.

If you wish to discuss this, or any other case with Tom, please contact his clerk Jamie Kyte on 01752 221551 or jamie@kbgchambers.co.uk

Thomas Challacombe

KBG Chambers

tchallacombe@kbgchambers.co.uk

April 2020

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Thomas Challacombe provides a Personal Injury Update on the recent announcement regarding the Whiplash Reform Programme