Whiplash Injury Compensation
Jess Brown-Fuller Excerpts(2 weeks ago)
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Jess Brown-Fuller (Chichester) (LD)
The changes today are simple: the compensation tariffs for pain, suffering and loss of amenity in whiplash claims are being uplifted by approximately 15% to reflect inflation since the original 2021 figures were set, with a buffer to account for future inflation. These updates are welcome, but also present us with an opportunity to reflect on the broader balance we strike between tackling fraud and protecting the rights of those with legitimate injuries.
Whiplash has long been a contentious area of UK personal injury law. We have one of the highest rates of whiplash claims in the world, which has undoubtedly contributed to the rise in motor insurance costs, and whiplash claims have historically added billions of pounds to insurance costs.
In my constituency of Chichester, the picture is particularly concerning. According to a study by the Driving Instructors Association, Chichester is now the most accident-prone city in the UK, reporting 232 accidents per 100,000 residents, which is 54% higher than the national average. Even more alarmingly, Chichester has the highest fatality rate of any city, at 5.6 fatal accidents per 100,000 residents. These are not just statistics; they are lives lost and families changed forever. That underlines the real-world impact of road safety and why fair, accessible compensation for those injured on our roads is vital.
The 2021 reforms that introduced fixed tariffs and mandatory medical assessments have had an impact, and the number of whiplash claims has declined, but whiplash still accounts for a large share of personal injury claims, and the need to ensure fairness in the system remains. We must remember that behind every claim is a person, often in pain, unable to work, potentially scared to go back out on the roads and navigating an unfamiliar legal system. For them, the process must be simple, fair and accessible. Victims should never be discouraged from seeking rightful compensation because of excessive bureaucracy or overly rigid procedures. That is why the Liberal Democrats have consistently advocated for a balanced approach.
During debate on the Civil Liability Act 2018, my colleagues in the other place, Lord Sharkey and Lord Marks of Henley-on-Thames, worked hard to push for stronger safeguards. They argued that the definition of “whiplash injury” should be written into primary legislation to allow full parliamentary scrutiny, and they pushed for compensation to be based on Judicial College guidelines, not simply on fixed tariffs, to preserve judicial discretion and to reflect the severity of injuries. They also urged the previous Government to ensure that any savings made from reducing fraudulent claims are passed on to consumers through lower insurance premiums—a promise that the insurance industry has been slow to honour and which is certainly not reflected in the consumer experience. We also look forward to the findings of the review on whether those savings have been delivered to customers.
We continue to support a system that is firm on fraud but fair to victims. Yes, we need robust safeguards, such as mandatory medical assessments and closer co-ordination between regulators, insurers and law enforcement to root out dishonest claims, but that must not come at the expense of those with genuine injuries. It is critical that review mechanisms are in place not just to track inflation, but to assess whether the tariff system continues to serve justice. We believe that the Government must do more to simplify the claims process, particularly for those who do not have or cannot access legal representation.
The updated tariff is a necessary correction for inflation, but it must not be seen as the end of the matter. The long-term success of the system depends on three things: maintaining fairness for claimants, preserving judicial discretion where needed and ensuring that promised savings are felt by customers. We must remain focused on people, not just on policy.
Sentencing Council Guidelines
Jess Brown-Fuller Excerpts(4 weeks, 2 days ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Sir Nicholas Dakin
To be fair to the Conservatives, they did not work on the guidelines, but they were consulted on them, and they did respond to them in a positive way.
Jess Brown-Fuller (Chichester) (LD)
I note the comments by the chair of the Sentencing Council Lord Justice William Davis, who said that both Labour and Conservative Ministers, or their representatives, had known about the plans since 2022 and did not object. While I am disappointed that the Government are only acting reactively now, does the Minister not agree that the shadow Secretary of State has no shame and that it is hard to take his faux outrage seriously when this is just another audition for Tory leader?
Sir Nicholas Dakin
The hon. Lady has said what everybody else in this House and outside it is thinking.
Drones: High-security Prisons
Jess Brown-Fuller Excerpts(3 months ago)
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Sir Nicholas Dakin
My hon. Friend is absolutely right that we need to work hard to address these issues, but if there were a simple solution, the previous Administration would have waved that magic wand and we would not be sitting here today. It is important that the ongoing work of prison governors, supported by HMPPS across the country and by Ministers, gets to the bottom of this and sorts things out, which is what we are trying to do.
Jess Brown-Fuller (Chichester) (LD)
LiveLink Aerospace in my constituency is a surveillance company that has created a technology that is being used on Royal Navy ships, in airports and on private yachts. This technology could be crucial to maintaining the no-fly zones above prisons, which were introduced in January last year. Will the Minister explore this technology? Will he come to my constituency to visit LiveLink Aerospace and see what the technology can do?
Sir Nicholas Dakin
It is important that we take advantage of what intelligence is out there. If the hon. Lady writes to me, I will be happy to follow that up appropriately with her and the business involved.
Oral Answers to Questions
Jess Brown-Fuller Excerpts(7 months ago)
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Alex Davies-Jones
I thank my hon. Friend for that important question. Video links are available in all courts to help vulnerable and intimidated witnesses give evidence. We have recently invested £50,000 to transform witness facilities and upgrade video link rooms in 10 Crown courts. Pre-recorded evidence is also available in all Crown courts for eligible victims to spare them the trauma of giving evidence at a live trial.
Jess Brown-Fuller (Chichester) (LD)
To ensure that victims see justice, criminal cases need to be heard in a timely manner, which relies on a number of courts being in place to be able to hear them. The future of Chichester Crown court, which is the only Crown court in west Sussex, has been under threat for nearly a decade. Local campaigners fought to save that provision, leading to its reopening to clear the backlog, but its future remains uncertain. Will the Minister meet me to ensure the future of Chichester Crown court?
Alex Davies-Jones
We know that courtroom availability is essential to dealing with the backlog, and I will pass on that message to the courts Minister—the Minister of State, Ministry of Justice, my hon. Friend the Member for Swindon South (Heidi Alexander).