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raft of civil reforms came into force on 6 April 2015 which affect Personal Injury practitioners. We have summarised the main changes which include amendments to CPR Part 36 rules, revised protocols in personal injury and clinical negligence,
changes to recovery of costs for infants and protected parties and the introduction of MedCo for the instruction of experts in whiplash claims.
The latest reforms are two years after Lord Jackson's overhaul of the civil justice system. Some of the latest changes are an attempt to streamline and improve tricky areas of the Civil Procedure Rules 1998, SI 1998/3132 (CPR) while others are part of
the government's ongoing efforts to limit the cost of litigation.
A detailed guide to the New Part 36 can be found here where Practitioners can download an Annotated Guide to the New Rule by
Ed Pepperall QC in addition to LexisNexis Practice Notes tracking the changes.
General changes to the New Part 36 include:
PI-specific CPR rules have been grouped together:
The latest instalment of the government's war on whiplash sees the introduction of MedCo, a portal described as a 'new system for sourcing medical reports in
soft tissue injury claims brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents'.
It will no longer be possible for claimant lawyers to source reports from an individual or organisation with which they have a financial link.
The two main changes are:
Although the revised protocol will look familiar to practitioners there have been a number of significant amendments in the new version which include:
The protocol has been updated and streamlined. Express reference is now made to the duty of candour and apologies. A letter of notification stage has been added as has a stocktake section. Sections on rehabilitation, ADR and finance have been updated.
Changes have been made to CPR Part 21 to address issues that arose with the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in that claimants can no longer recover success fees under a conditional fee agreement, that was
entered into on or after 1 April 2013, from the defendant.
Further information on any of these changes can be found in the following Practice Notes (Click here for a free trial):
In a word - no! There are a number of new Acts coming into force over the coming weeks which personal injury practitioners will need to be aware of:
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