For Lawyers

Whiplash reforms delayed until August 2020

The Government last week, confirmed what the world has been expecting for weeks. The much heralded 'reforms' of RTA Whiplash claims has been delayed until 1st August 2020, at the earliest.

It has been known for months that the Ministry of Justice had no real hope of getting the systems in place by 6th April. It remains to be seen whether August is feasible.

As part of the announcement it was confirmed that the protection for Litigants in Person by way of the ADR section of the new portal was being dropped. This is expected to result in more court proceedings brought by unrepresented victims - or the abandonment of cases.

It has also been confirmed that the exclusion of children and persons under a disability, from the process, will be temporary only. This will result in major obstacles to the most vulnerable.

These 'reforms' gave been controversial from the start. They are based on a wholly new concept whereby the amount of damages a victim receives are determined by the nature of the incident and not by the injury itself. It is also leading to the novel idea of damages being assessed by reference to a tarrif created by politicians and not by judges.