A clearer way forward for medical reporting and whiplash reforms?

Yesterday the Ministry of Justice published results of its consultation, which ran for a month in April/May, on medical reporting within the package of whiplash and small claims track reforms due to be implemented in April next year for road traffic cases. This latest document sets out the government’s policy choices but is, as seems par for the course in this area, very light on detail.

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Whiplash, small claims & medical reporting – new consultation

The day before the Easter weekend the Ministry of Justice published a brief consultation paper on medical reporting options under the whiplash reform programme, including the increase in the small claims limit.

The central proposal is to expand the MedCo scheme to cover obtaining initial medical reports in all motor injury small claims, whether or not the claimant is legally represented. The short period for responses – to 17 May 2019 only – might indicate some renewed momentum within the MoJ given that April 2020 appears to remain its preferred date for implementing the whiplash programme and building the necessary IT platform.

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Civil Liability Bill – issues to be raised at Lords Committee Stage debates on 10 & 15 May

Line-by-line scrutiny of the measures in the Civil Liability Bill – which will reform whiplash claims and re-set the legal basis for determining the discount rate – is due to take place in the Lords at Committee stages scheduled for 10 and 15 May. A raft of relevant materials has emerged over the last few days and is summarised in this post. There are three key documents: the new draft whiplash regulations, a letter from Justice Minister Lord Keen to Peers and the list of proposed amendments tabled to date. Continue reading