Plenty of people had already expressed their reservations about Liz Truss as prime minister. But one constituency has a particular reason to shudder: the insurance lobby.
In her time as lord chancellor Truss arguably did more to put insurers’ noses out of joint than any of her predecessors or successors since the Conservatives came to power.
When Truss became the first and to-date only female lord chancellor, the insurance lobby had enjoyed a period of unbridled favour. The Legal Aid, Sentencing and Punishment of Offenders Act was a gift to the industry, claimant fees had been stripped to the bone and referral fees and inducements for claims were no more.
Insurance bosses were invited to cosy meetings at Downing Street and every announcement thereafter seemed to be another bonus. Chancellor of the exchequer George Osborne, in the last spending review before Truss took office, had even mooted the idea of scrapping whiplash compensation altogether (it has since been said by those close to Truss at the time that she put the brakes on Osborne’s plan).
With low-hanging fruit seemingly picked, the insurers wanted bigger prizes – and in terms of the savings that could be made, few were bigger than reform of the discount rate. The rate applied to personal injury compensation payments was 2.5% prior to 2017, and there were real fears from the claimant sector that Truss would either leave it there or even increase it.
But in a change that no-one saw coming, in February of that year it was slashed to -0.75% - becoming an addition to damages payments rather than a discount.
It is difficult to express the fury this caused the insurance lobby. Meetings were demanded with the chancellor to overturn Truss’ decision, amid apocalyptic warnings from the Association of British Insurers and others about the potential impact on the NHS and its personal injury liabilities.
But Truss was adamant: ‘I must make sure the right rate is set to compensate claimants. I am clear that this is the only legally acceptable rate I can set.’
Insurance bosses told me at the time they believed Truss had failed to understand the issue and had acted rashly. Whether or not that is the case, her decision went contrary to the prevailing mood of the government and was far from the easy way out. Instead, she picked a fight with a powerful lobby and sided with claimants – pretty much unheard of before or since among her colleagues.
None of this is to say Liz Truss PM will suddenly emerge as the champion of the personal injury lawyer and scourge of the insurer. In all likelihood, her administration will broadly follow the same path of creeping reforms that make it harder and less profitable to make a claim.
But her track record – or at least that bolt-out-the-blue decision back in February 2017 – will still be remembered by the insurance lobby. Truss is not always predictable. It might be time for another Downing Street schmooze to make sure she’s on board this time.
John Hyde is deputy news editor of the Gazette
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