Reforms to personal injury whiplash claims introduced under the
previous government have resulted in significant consequences for
access to justice and claimant compensation, the Law Society of
England and Wales said today.
Responding to the Ministry of Justice's call for evidence as part
of its post-implementation review of the Whiplash Reform
Programme, the Law Society is concerned the reforms:
- Have not enabled claimants to pursue claims independently. An
unexpectedly high number (89%) of claimants have been
professionally represented since the Official Injury Claim (OIC)
portal launched in 2021, despite the intention that it should be
used by people acting without lawyers;
- Create barriers to fair compensation and discourage
meritorious claims, as claimants without legal expenses insurance
face costs that are disproportionate to the available
compensation; and
- Reduce consumer choice. Personal injury solicitors have faced
a sharp decline in low-value road traffic accident (RTA) work,
forcing firms to exit the market or diversify, which has
contributed to the market shrinking.
“As our members provide representation for both claimants and
defendants in personal injury matters, including road traffic
accident related whiplash claims, the Law Society is uniquely
placed to respond to this call for evidence,” Law Society vice
president Brett Dixon said.
“While we recognise the previous government's intention in
implementing the Whiplash Reform Programme, its aim has
compromised access to justice and fair compensation for
claimants.”
To improve access to justice, the Law Society recommends:
- Revising the small claims track limit to £1,500* to better
reflect the complexity of RTA-related personal injury claims and
the need for legal advice and representation;
- Improving the OIC portal's usability, visibility and
legitimacy through simplification of the claims process, search
engine optimisation, and branding;
- Enhancing transparency of claimant outcomes and reform
impacts through improved data collection and reporting and
engagement with claimants; and
- Integrating systems and strengthening guidance, by linking
the OIC portal with other civil justice services and providing
clearer claimant guidance.
Brett Dixon concluded: “Through its post-implementation review,
the Ministry of Justice will wish to engage with all those
affected to understand the implications of the new system. In
particular, it should engage with claimants – represented and
unrepresented – to better understand their experiences of
whiplash claims under the reformed process.”
Notes to editors
