Civil Liability Bill Heading for Royal Assent

Civil Liability Bill Heading for Royal Assent

23rd November 2018

The Civil Liability Bill has been returned to the House of Lords after being passed by the House of Commons. The House of Lords agreed the amendments made in the House of Commons as expected.

The controversial bill is seen as a crucial piece of legislation. It is aiming to reform the way in which the discount rate is calculated, while also aiming to reduce the number of fraudulent whiplash claims. As we have reported in the past, though, there remains a great deal of debate around whether the measures being taken will prevent access to justice, or even bring insurance premiums down as promised.

The bill is now heading for Royal Assent before it can become law.

Whiplash claims

Despite Royal Assent to the Bill being expected shortly, the implementation of the whiplash reforms has been be delayed until April 2020 to allow development of the new portal for RTA claims to conclude.

Continued lobbying by claimant representatives seeking to mitigate the impact of the Bill on their practices is likely to be directed at the small claims track changes also forming part of the reforms. These changes will increase the small claims track limits for RTA-related injuries to £5,000 and EL/PL claims to £2,000.

Lord Keen confirmed that the secondary legislation required to make the change to the Civil Procedure Rules is expected to “be brought forward in the second half of 2019“.

You can find the full list of amendments made by politicians here: