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    Government Launches Consultation on Whiplash Reform Programme Review

    29/10/2025

    On 29 October 2025, the Government published the Post-Implementation Review of the Whiplash Reform Programme, together with an eight-week consultation seeking views on the delivery and effectiveness of the reforms.

    The Whiplash Reform Programme introduced:

    • the Official Injury Claim (OIC) portal;
    • whiplash injury tariffs;
    • a statutory definition of whiplash injury;
    • a ban on pre-medical offers to settle whiplash claims; and
    • an increase to the small claims track (SCT) limit.

    The first review, published in November 2024, focused on the structure and values of the whiplash tariff. Following that review, the then Lord Chancellor recommended an uplift of around 15%, which was implemented on 31 May 2025.

    This current review seeks to assess the extent to which the reforms have met their stated objectives of:

    • reducing the number and cost of whiplash claims;
    • ensuring proportionate compensation for such injuries; and
    • maintaining access to justice and improving claimant choice.

    The consultation closes on 22 December 2025 and invites views on a range of issues, including:

    • the appropriateness of the statutory definition of whiplash;
    • access to justice and the usability of the OIC portal;
    • the impact of the increased SCT limit;
    • the effect of the reforms on motor insurance premiums; and
    • the cost implications for both claimants and compensators.

    There has been notable criticism regarding the low proportion of litigants in person using the OIC portal, as well as concerns that the SCT limit has not been uprated in line with inflation, thereby reducing the proportion of claims captured by the reforms. Notably there is just one question on the SCT limit increase within the consultation, and no questions as to whether it should be reviewed or increased further. These topics are likely to feature prominently in consultation responses.

    Keoghs will be responding to the consultation and will share a draft response with clients ahead of submission.

     

    If you would like to discuss the review or contribute to our response, please contact:

    Natalie Larnder

    Mark Hall

    Natalie Larnder
    Author

    Natalie Larnder
    Partner and Head of Market Affairs

    Contact

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