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Published 20 diciembre 2018
The Civil Liability Bill finally received Royal Assent and completed the Parliamentary process on the 20th December 2018 becoming the Civil Liability Act 2018 ("the Act"). This has now set in motion the processes to bring into force the reforms within the Act. Only part of the Act has come into force straight away and there are aspects of the reforms that are yet to be finalised.
There is much that we still don't know about how the Act and related reforms will be implemented. This note considers what we do and don't yet know and what the next steps might be.
We know that:
We do not know:
Although not a part of the Act, an increase in the Small Claims Track Limit is part of the Government's overall package of reforms.
In conclusion, while much is known and reforms are moving forward, clarification is awaited on timeframes and some aspects that will be clarified in regulations. Importantly we do now have a latest date for the announcement of the new Discount Rate which will apply to all cases settled on after the date the rate is set and by no later than 6th August 2019.
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