Review of the whiplash tariff completed but not yet published

On 22 May 2024 the Lord Chancellor announced that he has completed his review of the Whiplash Injury Regulations 2021 “following careful consideration of the available data and evidence, including submissions to the “Statutory review of the Whiplash Tariff” call for evidence.” However, with governments, ministers and civil servants expected to observe discretion with regard to  making announcements or decisions during the pre-election period, we anticipate publication of the review will follow after the election.   

The Civil Liability Act 2018, which introduced tariffs for claims valued up to £5,000, requires the Lord Chancellor to review the amounts after three years i.e. by 31 May 2024. This first review is intended to “assess the whiplash tariff and its component parts, as well as wider economic, sectorial and other changes since its introduction".

Combined with the 17th edition of the Judicial College Guidelines – with a significant increase made in the key areas commonly seen in motor claims – the reviewed tariff is likely to add further to the number of claims exiting the Official Injury Claim process and entering the fast track.

It remains to be seen whether this will lead to proposals to increase the small claims threshold for injury claims.