However, the Law Society has warned the consultation period is too short.
This week, the Civil Procedure Rule Committee launched a consultation on the extension of fixed recoverable costs in October 2023 from low-value claims only to cover most intermediate and fast track claims. The consultation closes on 5 January.
Law Society vice president Brett Dixon said: ‘We are concerned that the deadline for responses is very short.
‘It coincides with the call for evidence for the whiplash review and includes the Christmas break. We hope this gives government enough time to gather enough responses.’
Last week, the Ministry of Justice (MoJ) launched a post-implementation review of its whiplash policies, covering fixed tariffs, the Official Injury Claim portal, statutory definition of the injury, ban on settling cases without medical evidence and small claims limit. An MoJ call for evidence will close on 22 December, with the review due to be published in the spring.
Reforms to whiplash injury claims were introduced seven years ago by Part 1 of the Civil Liability Act 2018. Fixed tariffs were introduced where the injury or injuries lasted less than two years. Insurers and claimants were barred from settling claims before medical evidence had been produced. At the same time, the threshold for the small claims track was raised from £1,000 to £5,000 for road traffic accident claims, bringing many more cases within its remit.
Dixon said the portal got off to ‘a challenging start.
‘We remain concerned about the length of time it takes to resolve road traffic claims, particularly those involving whiplash injuries. With average settlement times now reported to be exceeding 600 days, there are serious questions about how cases are being managed within the portal.’
