The government has signalled it is likely to wait until 2024 before reviewing the tariff levels for lower-value RTA claims.

It has emerged that justice minister Lord Bellamy wrote to the Motor Accident Solicitors Society (MASS) last month rejecting its calls for an immediate review of the set list of damages.

The Civil Liabilities Act, which introduced tariffs for claims valued up to £5,000, stipulates that the lord chancellor must review the amounts after three years.

With the reform coming into force last year, claimants face at least another 18 months before any change – and the government is clear that there is insufficient evidence upon which to make any revisions.

Lord Bellamy told the group it was ‘not appropriate’ to undertake a review, but curiously seemed to suggest this was because there had only been two court judgments on quantum disputes since the tariff was brought in. Tariffs were set by the Ministry of Justice at a level lower than recommended by the judicial college guidelines – in consultation with the lord chief justice – and by their nature are not dependant on any court judgments.

The minister’s letter concluded: ‘As it will take some time before the courts can consider an appropriate number of claims, we have decided to revert to that statutory timetable and will undertake this review by May 2024.’

In a letter responding to Bellamy, MASS chair Sue Brown said it was difficult to understand the government’s position with regards to the tariff and the need for case data.

‘The tariff is beyond the scope of the courts,’ she said. ‘Judges cannot change a statutorily set tariff. Court judgments are an entirely separate issue from the tariff of damages being awarded within the Official Injury Claim portal… we remain very unclear how thousands of further judgments would impact any assessment on the operation of the tariff.’

Brown made the point that the rate of inflation has already created the need for an immediate review of damages levels.

‘An 11% increase in the tariff that was supposed to ‘inflation-proof’ the awards for three years has now been eroded in a single year,’ she added. ‘This is too important an issue to park until the statutory review in 2024. This is a fundamental issue about making changes to the system to better balance the declared policy objectives of the legislation whilst preserving access to justice.’

Bellamy said in his letter it was not ‘appropriate’ to consider any inflationary adjustments.