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What respected lawyer would think that it was good for access to justice that one particular type of claim be banned outright even if proved ?(Under the suggestion, claims for physiotherapy costs still needed to prove the underlying injury). The real villain of the peace here are the 'made up' injuries and I accept that it is hard for Defendant's to prove the non existence of subjective symptoms. However, we now have QOCs and fundamental dishonesty. which are a pretty big stick to hit anyone thinking of having a punt on a whiplash claim after an LVI. I would wager that the number of RTA STI claims continues to fall dramatically and this alone will mean that there will be no need for the Osborne sledgehammer approach.

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