Policy paper

Civil Liability Bill

The Civil Liability Bill was introduced into the House of Lords on 20 March 2018 and entered the House of Commons on 28 June 2018.

Documents

Whiplash impact assessment (Civil Liability Bill: reforming the soft Ttssue injury ('whiplash') claims process)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Personal injury discount rate impact assessment (Civil Liability Bill: Setting the personal injury discount rate)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Civil liability impact assessment (Civil Liability Bill: Overarching impact assessment)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Civil Liability Bill: Questions and answers

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Personal injury discount rate fact sheet

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Whiplash fact sheet

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Whiplash Reform Programme: Equalities statement

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Personal injury discount rate: Equalities statement

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

The Whiplash Injury Draft Regulations

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

European Convention on Human Rights Memorandum

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

HM Treasury Draft Regulations and Policy Intention

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

The Bill makes significant changes to the personal injury compensation system. It contributes to delivering the manifesto commitment to reduce insurance costs for ordinary motorists by tackling the continuing high number and cost of whiplash claims, and reforms how the personal injury discount rate (PIDR) is set, aiming to ensure claimants get full and fair compensation to meet their expected needs, while reducing the pressure of meeting excessive compensation claims on the NHS.

The whiplash measures in the Bill will:

  • Provide for a tariff of compensation for pain, suffering and loss of amenity for whiplash claims. The final tariff will be set in supporting regulations via the affirmative procedure following Royal Assent.
  • Enable the court, subject to regulations, to increase the compensation awarded under the tariff.
  • Introduce a ban on seeking or offering to settle, whiplash claims without appropriate medical evidence.

The PIDR measures in the Bill will:

  • Retain the 100% compensation principle which has long been a central part of the law, but modernise the calculation of the discount rate so that it reflects the reality of how claimants actually invest money. This provides a fairer and better way to set the rate for both parties.
  • Put the process of setting the rate on a statutory footing, with expert independent advice and a requirement for the Lord Chancellor to set it at least every 5 years, giving clarity and assurance to claimants and to those underwriting costs. The regular setting of the rate will ensure vulnerable people suffering life-changing accidents have their compensation adjusted by an up to date rate.
  • Create an independent expert panel, which the Lord Chancellor will be required, from the second review under the new legislation, to consult in relation to the factors he or she may consider in setting the rate. This will bring a wider range of expertise into the process.
Published 21 March 2018
Last updated 29 June 2018 + show all updates
  1. Documents and text updated to reflect the Bill has entered the House of Commons.
  2. Draft Whiplash Injury Regulations published.
  3. First published.