Whiplash Injury Regulations 2021

Lord Bhatia Excerpts

Monday 26th April 2021 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Treasury. The Civil Liability Act 2018 gave powers to the Financial Conduct Authority to enforce the ban on the making and requesting of offers to settle road traffic accident whiplash-related injury claims without a medical report, as set out in Sections 6 and 8 of the 2018 Act. The SI applies to England and Wales only and is a financial instrument for the purposes of Standing Orders of the House of Commons relating to public business.

As set out in Section 6 of the Act, all low-value RTA whiplash-related claims will need to be supported by a medical report provided by a MedCo-accredited medical expert, otherwise known as a ban on pre-medical offers. As the Explanatory Memorandum states:

“MedCo is a system for accrediting medical experts and for sourcing initial fixed cost soft tissue injury medical reports mandated by the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.”


The requirement to make sure that a medical report is completed before any RTA whiplash-related claim can be settled will provide more certainty regarding the costs of the settlement process and provide both parties with information on the severity of the injury and an accurate assessment of the treatment required and the duration of the injury, so as to be able to assess the position regarding the tariff and identify the compensation payable to settle the claim.

This SI will bring an end to the practice of pre-medical offers to settle, which can lead to unmeritorious minor or exaggerated claims being made by some claimants, including fraudulent claims by uninjured claimants. This will also reduce the risk of under-settlement, as the policy will ensure that claimants with genuine injuries are properly assessed by accredited medical experts—

[Baroness Scott of Bybrook (Con)]

My Lord, can I ask you to finish now, please?

[Lord Bhatia (Non-Afl) [V]]

—and receive compensation appropriate to the level of pain and suffering they have endured.

[The Deputy Chairman of Committees (Lord Haskel) (Lab)]

The noble Viscount, Lord Ridley, has withdrawn, so I call the noble Lord, Lord Bradshaw.

Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021

Lord Bhatia Excerpts

Monday 19th April 2021 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Ministry of Justice. Its purpose is to protect public health and reduce the public health risks caused by the spread of severe acute respiratory syndrome coronavirus 2, which causes the disease, Covid-19. The SI prevents the enforcement of evictions against residential tenants other than in the most serious circumstances and was originally extended to 21 February 2021. By restricting the enforcement of evictions at a time when pressure on public services is acute and the risk of virus transmission is high, this measure will help control the spread of infection and prevent any additional burden falling on the NHS and on local authorities in their work providing housing support and protecting public health.

A previous version of this statutory instrument was introduced on 7 January, when the previous regulations expired, having been made under the emergency procedure and automatically ceased to have effect.

Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021

Lord Bhatia Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Ministry of Justice with the purpose of protecting public health in England and reducing the risks posed by the spread of the severe acute respiratory syndrome that causes Covid-19. This instrument prevents the enforcement of evictions, including the serving of notices of eviction, against residential tenants, other than in the most serious circumstances, until 31 March 2021.

By restricting the enforcement of evictions at a time when pressure on public services is acute and the risk of virus transmission is very high, this measure will help control the spread of infection, prevent any additional burden falling on the NHS and avoid overburdening local authorities in their work of providing housing support and protecting public health.

This instrument was made on 17 February 2021 and came into force on 22 February, at the same time as the previous regulations expired. Having been made under the emergency procedure, it will automatically cease to have effect at the end of 28 days, beginning with the day on which it was made, unless during that period it is renewed by a resolution of each House of Parliament. It applies only to England. It is a temporary measure that lasts less than 12 months, and because it is a part of the Government’s coronavirus emergency response, requirements for a formal regulatory impact assessment do not apply.

I believe that this is a good and proper instrument and will protect not only tenants and local authorities but also the NHS.

Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021

Lord Bhatia Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI was prepared by the Ministry of Justice. Its purpose is to make provision for the contributions payable to judicial pensions schemes from 1 April 2020. The territorial extent and application of this instrument is the whole of the United Kingdom.

When the JPS was established in 2015 and the FPJPS in 2017, the relevant member contribution rates and earnings thresholds were fixed for a set period: four years for the JPS 2015 and two years for the FPJPS 2017. During this period, the contribution rates remained unchanged and the earnings thresholds were updated yearly, except for the £150,001 band. By the end of the period, it was expected that rates and earnings thresholds would be reviewed in the light of the outcome of an actuarial valuation of both schemes.

Since then, the Supreme Court has refused the Government permission to appeal against the Court of Appeal’s decision in McCloud, and the matter has been remitted to an employment tribunal for consideration of how the difference in treatment should be remedied. We can all agree that this is the right way forward and that our judges perform the most important work in our judiciary system. Does the Minister agree that our judiciary members must receive their rightful pensions, regularly updated to deal with annual inflation?

Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

Lord Bhatia Excerpts

Tuesday 2nd February 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

The Government have extended protections against the enforcement of residential evictions until at least 21 February 2021, because of the third national lockdown in England. These measures have been criticised by Labour and others for not going far enough to prevent renters losing their homes during the pandemic. On 8 January 2021, the Government announced that, in view of the new national lockdown, they would extend the ban on bailiff-enforced evictions in England for at least six weeks. The regulations came into force on 11 January 2021. Both Houses of Parliament must approve them by 3 February 2021 for them to continue in force.

The regulations prevent enforcement of evictions through bailiffs attending residential premises in England to execute a writ or warrant of possession or to deliver a notice of eviction. However, evictions and repossessions can continue to take place where a court is satisfied of an exemption, such as a claim against a trespasser, or that the order of possession was made, wholly or partly, on the grounds of anti-social behaviour, nuisance, false statements, domestic abuse in social tenancies or substantial rent arrears for six months, or on the death of the tenant, or when the property is unoccupied when the person attends.

The Government have said that restricting the enforcement of evictions would help control the spread of infection and prevent additional burdens falling on the NHS. These regulations will expire on 21 February 2021. They are necessary, but stopping evictions for a few weeks and reviewing the regulations again must cause considerable anxiety and mental health problems for those who are genuinely in arrears because they have lost their jobs. The processes described will benefit only lawyers and are an unnecessary waste of court time. Will the Minister confirm whether he will reconsider the regulations, as there is evidence that the pandemic will surge, again and again, until over 70% of the population has been vaccinated?