The Lord Chancellor and Secretary of State for Justice, Robert Buckland MP, have announced a further delay to the introduction of the Whiplash Reform Programme. The new date for implementation is now May 2021.

These reforms include the introduction of

  • a fixed tariff for damages awarded for whiplash injuries.

  • a ban on making and accepting offers before medical evidence is obtained.

  • raising the Small Claims Limit for road traffic accident (RTA)-related personal injury claims to £5000

The increase in the Small Claims limit will mean Claimants either having to fund their own legal costs in RTA injury cases valued at less than £5000 or handling their claim themselves.

The Ministry of Justice is working with the Motor Insurers’ Bureau (MIB) to develop an online platform through which Claimants will conduct their own claim without legal support and advice. The ‘Official Injury Claim’ service is not yet fully developed as the MIB is awaiting publication of the new rules and protocol.

Industry representatives have repeatedly requested at least three months between the new rules and protocol being published and implementation of the new scheme. In his statement to the House of Commons announcing the further delay, Robert Buckland acknowledged the importance of industry preparedness and the need to publish the final details ahead of implementation. 

There is real concern about how claimants without legal representation will be helped to value non-whiplash claims which do not come under the new fixed tariff system.  The President of the Association of Personal Injury Lawyers, Sam Elsby, welcomed any delay in implementing the changes which is used to address concerns about outstanding issues of critical importance to injured people.

Paul Nicholls, Chair of the Motor Accident Solicitors Society commented that ‘with key issues outstanding, the new rules not yet finalised and a worsening back log of court cases, a further delay is clearly necessary’. It remains to be seen whether the remaining details of the scheme are published soon or whether further delay to the implementation of the Whiplash Reforms will have to be announced.

The contents of this article do not constitute legal advice and are provided for general information purposes only.

The contents of this post do not constitute legal advice and are provided for general information purposes only ■