The Lord Chancellor's report on the statutory review of the Whiplash Injury Regulations 2021 has now been published and presented to Parliament. It was announced in May that the review had been completed, but publication was delayed until after the general election.
The Civil Liability Act 2018 made changes to the claims process for low-value road traffic accident claims, the majority of which are whiplash claims. Section 3 of the Act provides for the Lord Chancellor to set a tariff of damages for whiplash injuries that are likely to last no more than two years. Section 4 imposes a statutory duty on the Lord Chancellor to review the tariff every three years following implementation, and to publish and lay before Parliament a report on the review.
The compensation a claimant is entitled to depends on the duration of the injury. The Lord Chancellor has decided that the tariff should be increased to account for inflation since 31 May 2021, as measured by the Consumer Price Index. An additional 'buffer' is to be included to account for inflation over the next three years. This amounts to an increase of between 14 and 15 per cent.
The tariff can be uplifted by a maximum of 20 per cent where the claimant can show exceptional injury or circumstances.
Following a consultation with the Lady Chief Justice, the revised Regulations will be laid in Parliament.
