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Civil Liability Act 2018

Consolidated Text As Enacted Cited authorities 14 Cited in Amendments 1 Related
Vincent
JurisdictionUK Non-devolved
Citation2018 c. 29
(1) In this Part “whiplash injury” means an injury of soft tissue in the neck, back or shoulder that is of a description falling within subsection (2) , but not including an injury excepted by subsection (3) .a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, oran injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.it is an injury of soft tissue which is a part of or connected to another injury, andthe other injury is not an injury of soft tissue in the neck, back or shoulder of a description falling within subsection (2) .is using a motor vehicle other than a motor cycle on a road or other public place in England or Wales, oris being carried in or on a motor vehicle other than a motor cycle while another uses the vehicle on a road or other public place in England or Wales,by the negligence of one or more other persons, orpartly by the negligence of one or more other persons and partly by the negligence of the person who suffers the injury, andthe negligence of the other person or persons consists in an act or acts done by the person or persons while using a motor vehicle on a road or other public place in England or Wales.(5) The fact that the act or acts constituting the negligence of the other person or persons is or are also sufficient to establish another cause of action does not prevent subsection (4) (b) being satisfied.(6) For the purposes of this section references to a person being carried in or on a vehicle include references to a person entering or getting on to, or alighting from, the vehicle.(7) In this section—
  • “act” includes omission;
  • “motor cycle” has the meaning given by section 185(1) of the Road Traffic Act 1988;
  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
  • “road” means a highway or other road to which the public has access, and includes bridges over which a road passes.
(1) The Lord Chancellor may by regulations amend the definition of “whiplash injury” in section 1, but not so as to include an injury of soft tissue other than soft tissue in the neck, back or shoulder.review the definition of “whiplash injury” in section 1,as part of the review, consider whether to amend section 1,prepare and publish a report of the review, including a decision whether or not to amend section 1 and the reasons for the decision, andlay a copy of the report before Parliament.the Lord Chief Justice;the General Council of the Bar;the Law Society;the Chief Medical Officer of the Department of Health and Social Care;the member of staff of the Welsh Government designated by the Welsh Ministers as the Chief Medical Officer for Wales;such other persons or bodies as the Lord Chancellor considers appropriate.(4) The Lord Chancellor may not carry out the first review under subsection (2) before the end of the period of three years beginning with the day on which section 1 comes into force.if regulations under subsection (1) were made following the previous review, the day on which those regulations came into force, orif no regulations under subsection (1) were made following the previous review, the day on which a copy of the report of the previous review was laid before Parliament.(6) A statutory instrument containing regulations under this section is subject to affirmative resolution procedure.a person (“the claimant”) suffers a whiplash injury because of driver negligence, anddoes not exceed, or is not likely to exceed, two years, orwould not have exceeded, or would not be likely to exceed, two years but for the claimant's failure to take reasonable steps to mitigate its effect.(2) The amount of damages for pain, suffering and loss of amenity payable in respect of the whiplash injury or injuries, taken together, is to be an amount specified in regulations made by the Lord Chancellor.(3) If the claimant suffers one or more minor psychological injuries on the same occasion as the whiplash injury or injuries, the amount of damages for pain, suffering and loss of amenity payable in respect of the minor psychological injury or the minor psychological injuries, taken together, is to be an amount specified in regulations made by the Lord Chancellor.the whiplash injury or injuries, anda minor psychological injury or injuries suffered by the claimant on the same occasion as the whiplash injury or injuries,specify different amounts in respect of different durations of injury;specify amounts in respect of minor psychological injuries by reference to the duration of the related whiplash injury or injuries.(6) Regulations under this section may provide for a person to be treated as if the person had taken reasonable steps to mitigate the effect of the person's whiplash injury or minor psychological injury.(7) Regulations under this section amending or replacing earlier regulations may increase or reduce amounts payable in respect of injuries.(8) Nothing in this section prevents a court, in a case where a person suffers an injury or injuries in addition to an injury or injuries to which regulations under this section apply, awarding an amount of damages for pain, suffering and loss of amenity that reflects the combined effect of the person's injuries (subject to the limits imposed by regulations under this section) .(9) Nothing in this section prevents the amount of damages payable being reduced by virtue of section 1 of the Law Reform (Contributory Negligence) Act 1945.(10) This section does not apply in relation to damages payable by a person because of the person's breach of the duty under section 143(1) (b) of the Road Traffic Act 1988 (duty not to cause or permit any other person to drive without insurance or security in respect of third party risks) .(11) The Lord Chancellor must consult the Lord

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