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Three-Year Review of Whiplash Tariff Awaited

On 22 May, the then Lord Chancellor, Alex Chalk, announced that he had completed his statutory review of the Whiplash Injury Regulations 2021, following a call for evidence earlier this year. However, publication of the review was delayed as a result of the general election being called.

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. The Act provides for the Lord Chancellor to set a tariff of damages for whiplash injuries lasting up to two years. The aim of the tariff is to ensure that genuinely injured claimants receive proportionate compensation based on evidence.

The Regulations, which were introduced on 31 May 2021, brought the tariff into force. The Act imposes on the Lord Chancellor a statutory duty to review the tariff every three years following implementation. It remains to be seen what action the new government will take in respect of the review.

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