‘Adaptable’ PI sector will survive our reforms, says MoJ

The personal injury sector will adapt and survive any forthcoming reforms of the sector, the government has suggested.

In a response to a petition calling for a rethink of the plans, the Ministry of Justice said the impact on solicitors will depend on a number of factors, including their ability to adapt in response to a rapidly changing market.

The proposals include increasing the small claims limit to £5,000 for all personal injury claims and introducing a tariff system for damages awards for soft-tissue injury claims. The government has promised to respond to a consultation which closed in January by 7 April, but the Gazette understands a decision on the proposals will come much sooner than that deadline.

The petition, created by barrister Andrew McKie and with almost 17,000 signatures, calls for the small claims limit to remain at £1,000 and the retention of current damages levels for whiplash injuries.

In its response, which is required for any petition attracting at least 10,000 signatures, the government suggests that personal injury lawyers will continue to practise even if the proposals are implemented in full.

It says: ‘The personal injury market has long proven itself to be adaptable and innovative, and it is likely that the industry will continue to provide cost-effective services following the implementation of these reforms.’

The response also attempted to address suggestions that claimants will be denied access to justice, adding: ‘Claimants are not, and would not, be precluded from seeking legal representation in the small claims track if they so wished.

‘Support for litigants in person is also available from a number of advice organisations and online sources. It should also be remembered that whilst the financial limits are one of the primary factors considered as to which track a claim should be in, the court can, on application, transfer a claim to the fast or multi track if it is particularly complex.’

North-west firm Vincents Solicitors has told the Gazette it is confident of prospering even if the reforms are implemented in full.

An upsurge in work over the last year has seen the firm triple the size of its RTA department with nine new hires. The team has appointed three new fee-earners, five support staff, and a new apprentice.

Cath Pearson, head of the PI-RTA department, said the firm has grown and will continue to expand.

‘We bring in new people and almost immediately we need more. It’s a great position to be in and it means we’re getting the pick of some excellent, highly experienced candidates,’ she said.

‘We have been aware of the government’s intention for almost two years and have planned accordingly with the make-up and operation of the department designed to meet the challenge and allow us to continue to go from strength to strength.’

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‘Adaptable’ PI sector will survive our reforms, says MoJ