12 January 2012
As part of its ongoing review of the perceived “compensation culture” the UK Parliament’s Transport Committee has, amongst other things, called for a potential review of the evidential requirements in litigated whiplash cases.
The committee’s report, published today, states that 70% of motor injury claims arise from alleged whiplash injuries and alludes to former Lord Chancellor, Jack Straw’s bill which proposes that compensation for whiplash should only be paid where there is “clear objective evidence of real injury”.
The committee notes that the UK Government’s proposed reforms of the civil justice system in England and Wales are hoped to reduce the “money in the system and encourage insurers to defend claims more vigorously.” However, it advises that if this does not lead to a fall in the number of whiplash cases there would be a strong case for primary legislation to require objective evidence of a whiplash injury or its effects on a claimant’s life before compensation was paid.
The committee’s proposals are vague and on one view the production of a medical report might be considered as objective evidence. It might be surprising if legislation sought to usurp the courts’ discretion in assessing the evidence of injury before it and opposition to such a notion might be expected from claims companies, claimant firms and perhaps even the judiciary itself.
It seems clear that any such reform of the law by the UK Parliament is not even in contemplation at present and accordingly cannot be expected any time soon. The committee’s views and proposed reforms are of course restricted to England and Wales and there are no indications that the Scottish Parliament will seek to follow suit. If that remained the case and the proposed reforms were ultimately brought into law, then a situation would arise where the evidential requirements in whiplash cases were different north and south of the border.
A link to the committee’s report can be found here:
www.publications.parliament.uk/pa/cm201012/cmselect/cmtran/1451/145105.htm#a1