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Whiplash Injury (Amendment) Regulations receive final parliamentary approval, with full review of the whiplash reforms to follow
The draft Whiplash Injury (Amendment) Regulations 2025 were laid before Parliament on 20 March 2025, receiving approval by the House of Commons on 2 April, and following a short debate in the House of Lords on 6 May, received final parliamentary approval. The Regulations increase the tariff for whiplash injuries occurring on or after 31 May 2025, with the original tariff continuing to apply to relevant whiplash injuries arising from road traffic accidents that have occurred before 31 May 2025.
Announced during the House of Commons debate on 2 April, a post-implementation review of the whiplash reforms by the Ministry of Justice is to take place later this year.
Contact: Ian Davies
Related item: Motor - market insights April 2025
Police disclosure
In a serious injury or fatal collision, a police investigation can take up to 18 months before a charging decision. Understandably, any material considered capable of prejudicing a criminal investigation before a case is resolved, is often not part of the disclosure given. However, this can mean that insurers and their advisors are often without access to vital material, which if provided, could assist them in making early decisions regarding rehabilitation, interim payments and liability generally. Early disclosure may be considered on the basis it is capable of assisting the injured person.
Naomi North (Partner in the Crime and Regulatory Team at Kennedys) and Anjali Krishnan (Partner at Stewarts), are part of a wider committee made up of senior police officers, the Crown Prosecution Service, Data Protection Officers and the Motor Insurers’ Bureau, working on a number of initiatives to improve consistency in approach when considering early disclosure requests in serious injury or fatal collision cases.
Contact: Naomi North
Insights from the International Society for Prosthetics and Orthotics (ISPO) 20th World Congress
From 16-19 June the International Society for Prosthetics and Orthotics held their 20th World Congress in Stockholm. The event showcases the very latest innovations in the fast moving prosthetics industry as well as the newest surgical and clinical trends for those who have suffered limb loss. The event was attended by global prosthetics manufacturers, research scientists and rehabilitation clinicians from all over the world. Amputation claims have been subject to super-inflation in recent years and the event presented our amputation claims lead and serious and catastrophic injury Partner, Stephen Foster with an opportunity to learn more about the latest industry developments to assist with rehabilitation planning.
Contact: Stephen Foster
Insights from the National Centre for Technology and Dispute Resolution 25th annual online dispute resolution forum.
On 29 April 2025 the National Centre for Technology and Dispute Resolution held its 25th annual online dispute resolution (ODR) forum. The opportunities to utilise artificial intelligence (AI) in ODR along with the scope for an ODR platform to be built into future pre action protocols featured in the discussions.
Alongside this, among the key issues considered was the potential for AI bias and how this may affect outcomes, with incomplete data sets and issues with the interpretation of the data identified as a cause that will need to addressed. Data transparency and confidence in the transparency of the data and systems that it is being applied to will be essential for parties to have confidence in an AI based ODR platform.
At this stage, with the technology continuing to evolve rapidly the forum highlighted that there is scope to use elements of AI within mediation as opposed to a full AI-based mediation package, and there are examples of this approach being applied in other areas of legal practice. Essentially a hybrid module involving human interaction and AI.
Contact: Ben Appleton
Call for evidence and consultation launched by Centre for Connected and Autonomous Vehicles
As part of the programme of secondary legislation to implement the Automated Vehicles Act 2024 (the Act), the Centre for Connected and Autonomous Vehicles (CCAV) has launched a consultation on protecting marketing principles and a separate call for evidence on the statement of safety principles, both of which will run until 23:59 on 1 September 2025. Preparation of a statement of safety principles by the Secretary of State for Transport being a requirement under section 2 of the Act.
Information provided by the CCAV includes that it is “targeting full implementation of the regulatory framework in the second half of 2027.”
Related item: Autonomous vehicles update
Contacts: Niall Edwards and Roger Davis
United Kingdom