EWJ 60 April 2025 web - Journal - Page 34
Statutory Review of the
Whiplash Tariff: Call for Evidence
The Civil Liability Act 2018 (the CLA) made important changes to the claims process for low
value road traffic accident (RTA) related personal injury claims, the majority of which are
‘whiplash’ claims.
The CLA introduced a fixed tariff system of
compensation for whiplash to reflect a level proportionate with the pain and suffering incurred from
such a minor injury. The CLA also brought in the
need for compulsory medical evidence to support
these claims.
of the Whiplash Injury Regulations 2021 on 31st May
2021, as well as whether any broader factors should
also be considered in the review.
All submissions and evidence provided will be
considered by the Ministry of Justice.
Introduction
1/. This Call for Evidence (CfE) exercise is intended
to gather evidence as part of the statutory review of
the whiplash tariff introduced on 31 May 2021. The
review will assess the whiplash tariff and its component parts, and wider economic, sectorial and other
changes since its introduction.
The tariff represents the Government’s intention to
ensure genuinely injured claimants receive proportionate compensation based on evidence. The Government is committed to ensuring, through regular
reviews of the tariff, that this remains the case.
The measures came into force through Regulations
introduced on 31 May 2021 which commenced the
provisions included in Part 1 of the CLA. Under these,
the Lord Chancellor has a statutory duty to review the
fixed tariff every three years and to lay a report before
Parliament.
2/. The review will explore changes in factors relevant
to whiplash claims, as well as broader factors, such as
inflation and changes in the claims sector. The review
will not assess the extent to which the Whiplash Reform Programme measures have achieved their overall policy objectives, which is beyond the scope of the
Lord Chancellor’s statutory obligations.
This Call for Evidence will play an important role in
supporting the Lord Chancellor to review the
whiplash tariff, and I encourage all those with an interest to respond. All submissions will be considered
and will form part of a wider analytical exercise being
undertaken by the Ministry of Justice. This will ensure
the evidence base for this work is robust, up-to-date
and represents a broad range of views.
3/. The Lord Chancellor will also consider the likely
implications of the different possible review outcomes,
including the overarching reform objectives of reducing the number and cost of whiplash claims, before a
final decision is made.
4/. We welcome views from all who have an interest in
this area, whilst acknowledging that some stakeholders have specialised areas of knowledge and may want
to focus on providing evidence in these areas. Respondents are asked to consider the issues raised in
this document and to provide responses to the questions asked, providing any documentary or other
evidence available to support their position.
Lord Christopher Bellamy KC
Parliamentary Under Secretary of State for Justice
Executive Summary
Part 1 of the Civil Liability Act 2018 (the CLA)
changed the way claimants are awarded damages for
whiplash injuries. The CLA provides for the Lord
Chancellor to set a tariff of damages for whiplash injuries up to two years in duration and to make regulations to set the tariff amounts. The CLA also requires
the Lord Chancellor to review the whiplash tariff no
later than three years after its implementation and
every three years thereafter.
5/. All submissions and evidence provided will be
considered and used as part of the statutory review of
the whiplash tariff to assist the Lord Chancellor. The
Lord Chancellor is required to lay a report in Parliament on the outcome of the review and these submissions may be referenced therein.
This Call for Evidence forms a key part of that review
of the whiplash tariff. It will examine what has
changed since the introduction of the whiplash tariff
measures and will consider its component parts (the
duration bands, and the rates for whiplash only injuries and whiplash injuries with minor psychological
damage).
6/. An Impact Assessment has not been prepared for
this paper, as its purpose is to gather evidence, rather
than to put forward policy proposals for consultation.
7/. Copies of the CfE paper are being sent to the
organisations listed in Annex 1. This list is not meant
to be exhaustive or exclusive. Responses are welcome
from anyone with an interest in, or views on, any subject covered by this paper. It will be available online
In assessing the tariff, the review will explore how
economic factors, such inflation, have had an impact
since the introduction of the tariff on commencement
EXPERT WITNESS JOURNAL
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APRIL 2025