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Fixed Fees for Whiplash Medical Reports

Lord Faulks QC, Minister of State for Justice, has issued the Government's latest measures to reform the low value personal injury claims process. 

The key reforms are set out in a letter from Lord Faulks dated 4th August 2014, together with accompanying detailed changes being contained in revisions to CPR and the Pre Action Protocol for Low Value PI Claims in RTAs ("RTA Protocol"). 

The key reforms are as follows: 

  • Introduction of new fixed fees for medical reports regarding "soft tissue injuries", applicable to all cases where the CNF is submitted on or after 1st October 2014
  • A new definition of "soft tissue injury" is set out in the revised RTA Protocol
  • The new rules cover all relevant claims that fall within the RTA Protocol (up to £25k)
  • All initial medical reports are to attract a single level of fixed fee of £180+VAT, regardless of expert type
  • Follow on medical evidence only permitted if recommended in initial report
  • Medical Report Fees that don't comply with the new rules are not recoverable
  • Defendants are now permitted to include any conflicting version of the accident details with their CNF response
  • Previous proposals around prohibiting solicitor owned MROs have been dropped
  • MOJ state that they wish to develop a new system for random allocation of medical experts to address independence concerns

Please click here for our overview of the reforms.