Whiplash and Small Claims Limit Reforms

What is whiplash?It has been confirmed that the Ministry of Justice (MOJ) is progressing with its planned changes to the claims process for whiplash and soft tissue injuries.

Hayward Baker cannot confirm the exact details at this time as to what is being proposed, however the main provisions are:

  • Increase the small claims limit to £5,000 for whiplash and soft-tissue injuries but £2,000.00 for all other Personal Injury claims.
  • The introduction of fixed tariffs.
  • A ban on offers to settle whiplash claims without the need for medical evidence.

From what we already know it is still the Ministry of Justice’s intention to increase the small claims limit. We do not know when this is likely to happen, and of course much may  change, but it could be as early as April 2018.

We are hopeful that the Ministry of Justice will publish a full response to their consultation shortly alongside the legislation, but this is yet to be confirmed.

The Motor Accident Solicitors Society (MASS) have assured us that they will fight these unjust and disproportionate proposals throughout the legislative process over the coming months, working alongside colleagues at the Association for Personal Injury Lawyers (APIL), the Law Society and others.


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