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Surely the law society should constructively engage with the Government on this issue instead of issuing threats to be robust.
I think the profession needs to make some concessions.
Yes it is clear whiplash has been abused because it is easy to claim whiplash when you haven’t but the majority of whiplash claims are not fraud. It’s the factory firms and CMC’s that have caused this with cold calling.
We should ask for whiplash not to be abolished but to be moved to the small claims track where sceptical District Judges can cast an eye over them without the threat of the defendant paying enormous costs. A rule of thumb would be that if you are fit and male you are very unlikely to suffer whiplash in low impact case.
We could offer not to deal with CMC’s.
We could point out that other types of personal injuries need demonstrable proof of injury so there is not widespread fraud for those cases and they should not be moved to the small claims track. They are difficult cases and we can show LIP’s can’t deal with them