The Law Gazette has recently posted an article raising doubt over whether the proposed whiplash reforms are going to be in place for April 2020.

Whiplash reforms is the umbrella phrase for a programme of measures that aims to change the way low-value personal injury claims resulting from road traffic accidents are to be dealt with. The ultimate aim to tackle the number of whiplash claims that are brought.

These reforms were initially introduced as part of the Civil Liability Act 2018 and looks to introduce the following:-

  • A legal definition of what can be classed as a whiplash injury
  • Fixed compensation for those whiplash injuries which last for up to two years
  • A ban on settling whiplash claims where there is no medical evidence
  • Raise the small claims track limit to £5,000, meaning that if a Claimant were to instruct a legal representative then their costs would not be recoverable from the other side

However, the Law Gazette has highlighted that the Civil Procedure Rule Committee has not yet discussed the proposals for reform. Now with the General Election looming it is unlikely that any talks will take place anytime soon.

Nevertheless, the Ministry of Justice (which passed the Civil Liability Act 2018) continue to insist that April 2020 is still the planned date for enactment.

According to the Civil Procedure Rule Committee the proposals were meant to be discussed within their October meeting but their published minutes for this meeting do not make any reference to the proposals.

It is understandable that this is causing worries about how realistic the planned implementation date of April 2020 is. Even more so when the plan was for the Motor Insurers Bureau to begin testing of the new system this month to ensure that it was suitable to go ahead by the planned implementation date.

Due to the lack of information and vague comments being provided by all of the relevant organisations regarding the whiplash reforms, we continue to be none the wiser as to what, if any, progress is being made towards the April 2020 target which the government continues to reassure the public it is committed to.

It would ultimately appear that whilst all the current focus is on the General Election, there is unlikely to be anything by way of an update in the near future.

How can we help?

    Contact Details
    This site is protected by reCAPTCHA and the Google Google Privacy Policy, Our Privacy Policy and Terms of Service apply.