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Whiplash: Medical panels

The MoJ has now hosted a number of roundtable meetings with various stakeholders and has called for nominations for a working party comprising 8 to 10 individuals.  The closing date for nominations was 24 January.  It is the MoJ’s intention for the working party to meet for the first time, in the first week of February.

The working party will be charged with:

  • fixing the financial limit for the claims process and defining the type of injuries that it will administer.

  • agreeing the composition of the accreditation board.

  • deciding the framework for accreditation.

  • ensuring independence.

  • ensuring compliance.

  • deciding how the process will be funded.

Ultimately, the MoJ are keen to cut out perverse behaviours and improve data sharing to combat fraud.  The MoJ have indicated that they are not seeking to reduce the current limitation period for whiplash claims and that increasing the small claims track limit is not under consideration.

In an article on 15 January 2014, the Insurance Post reported that the working party will be charged with having a solution in place by July of this year.  The Post also reported that it is likely that the panels will only have jurisdiction over “whiplash” cases up to a value of £5,000, leading many to query how it would be decided whether a claim was worth £5,000 or less and who would decide.

For further information please contact Fiona James, Director, Professional Support Lawyer on 0191 233 5220 or Marcus Davies, Professional Support Executive on 0161 603 5146

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.