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Whiplash reforms delayed until May 2021

  • 12 January 2021 12 January 2021
  • UK & Europe

  • Insurance & Reinsurance

The April 2021 deadline is pushed back in response to stakeholder concerns.

Whiplash reforms delayed until May 2021

In a written statement to Parliament, the Lord Chancellor, Robert Buckland MP, confirmed that the implementation of the whiplash reform programme will be delayed for an additional month until May 2021.

The delay is in response to “concerns raised by stakeholders, in particular the need for as much notice as possible to take the necessary steps in anticipation of these reforms and to prepare their businesses for the changes to how small road traffic personal injury claims are managed”.

Issues outstanding

Whilst the statement confirmed that the Motor Insurers Bureau “continues to make excellent progress on the build of the Official Injury Claims Service [portal]”, it is unsurprising that a further delay occurred. The key issues which remain outstanding are critical to the proper implementation of the reforms.

The main concern raised by many stakeholders has been the lack of confirmation of the pre-action protocol and the rules for the use of the Official Injury Claim portal via with the Civil Procedure Rules Committee ("CPRC").

The previous CPRC meeting minutes from November 2020 confirmed that the sub-committee of the CPRC for this issue and the MOJ were continuing “to work together constructively, but there is much still to do”.

In addition, the finalised tariffs for whiplash injuries need to published as well as the appropriate preparation of the necessary legislative changes to the small claims track.

We will continue to update on the progression of the reforms.

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