Minster Law are doing a monthly scan of cases, new rules, compliance issues etc that might be of use to insurance brands. Here’s the latest;
Whiplash Reforms and OIC Portal
We continue to await the Government’s Post Implementation Review of the Civil Liability Act, expected mid-autumn 2025, alongside the report of the Motor Insurance Taskforce. The PIR may review the Small Claims Track limit, and while no immediate change is expected, an inflation-based increase remains possible. The PIR may also look at dormant claims in the OIC Portal and the medical reporting process here, including allowing medical reports to be obtained prior to a liability decision.
We have had the first formal clarification and interpretation on what constitutes a “minor psychological injury” under the Whiplash Injury Regulations. The guidance outlines that psychological injury must be suffered on the same occasion as the physical whiplash, it must be secondary in significance to the whiplash and that it must fall short of being diagnosed as a specific phobia or disorder/.
Medical report fee breakdown
The JXX and HLA test cases remain central to industry discussions and are due before the court on 18 November 2025 for a three-day hearing before Master Rowley. It is widely anticipated that whatever the result of the cases, appeals will follow.
SRA and Regulatory Updates
The SRA has confirmed it will not proceed with its proposed overhaul of client account rules following widespread opposition. Instead, it will focus on stronger enforcement under the existing framework, and may consult later in the year on alternative safeguards.
The SRA has floated a ban on the term “no win, no fee”, alongside enhanced oversight of high-volume consumer claims firms, following a thematic review which uncovered widespread compliance issues. The regulator believes the term can mislead consumers about costs and risks associated with unsuccessful claims.
Rehabilitation in Soft Tissue Injury Claims
The Joint Rehabilitation Working Group’s proposed updates to the Rehabilitation Code have now been passed to the International Underwriters’ Association, the formal owner of the Code, for adoption.
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