Whiplash regulations considered by Lords Select Committee

On 16 March the Secondary Legislation Scrutiny Committee of the House of Lords reported on the recently-tabled Whiplash Injury Regulations which set tariffs for general damages for whiplash injuries with symptoms of up to two years’ duration. The statutory tariffs (made under powers in the Civil Liability Act 2018) are appreciably lower than common law awards to date have been. The Committee report notes criticisms of the tariff and of the overall RTA small claims scheme – both of which will take effect from 31 May this year – made by the solicitor’s group MASS but refers to a letter from the Ministry of Justice that meets those criticisms in full:

“The MoJ letter is a robust response that makes clear that these matters were fully debated during the passage of the 2018 Act and the issues were decided by Parliament. We note that illustrative tariff rates were available when the Bill was in progress, which we regard as best practice, and so the House was clear that it was agreeing to a substantial reduction in awards. We also note that the 2018 Act includes a number of provisions which require review of how this scheme operates and that it can be modified if unintended consequences are found.”


Alistair Kinley, Director of Policy & Government Affairs
alistair.kinley@blmlaw.com