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People always go on about whiplash as if it was usually fake and part of an epidemic of fraudulent claims. Yes, whiplash is difficult to diagnose reliably. Perhaps there ought to be a panel of reliable and respected whiplash expert witnesses. But the proposed solution of raising the small claims limit to £5k is an outrageous change in the law. The member of the public who trips on a defective pavement and breaks an arm or leg is likely to have a claim worth no more than £5k. Such claims require some expertise on the part of claimant lawyers. It's easy to be deterred by a highway authority which says "we had a reasonable system of inspection under s. 58 so we deny liability". Even if liability is conceded, some broken limbs or painful knees result in long term disability and there's a danger that the claims will be settled at below value. The solution is to cap the claimant's legal costs, not to deprive the claimant of effective legal representation. It's a scandal. The fact that it may also lead to redundancies is a minor consideration compared with giving the public proper access to justice. I think our judges are already sick and tired of having to cope with litigants in person who expect the judge to supplement their legal submissions and sort out their huge trial bundles.

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