The Whiplash Injury Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/642 |
| Year | 2021 |
2021 No. 642
Damages, England And Wales
Legal Services, England And Wales
The Whiplash Injury Regulations 2021
Made 26th May 2021
Coming into force 31th May 2021
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 3(2), (4), (5) and (6), 5(1) and (2), 6(3) and (4) and 12(4)(a) of the Civil Liability Act 20181, having consulted in accordance with sections 3(11) and 5(5) of that Act.
A draft of these Regulations has been laid before Parliament in accordance with sections 3(12), 5(6) and 6(5) of the Civil Liability Act 2018, and has been approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Whiplash Injury Regulations 2021 and come into force on 31st May 2021.
(2) These Regulations apply only to causes of action which accrue on or after 31st May 2021.
(3) In these Regulations, “the Act” means the Civil Liability Act 2018.
Damages for whiplash injuries
2.—(1) Subject to regulation 3—
(a)
(a) the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash injuries, taken together (“the tariff amount” for the purposes of section 5(7)(a) of the Act), is the figure specified in the second column of the following table; and
(b)
(b) the total amount of damages for pain, suffering and loss of amenity payable in relation to both one or more whiplash injuries and one or more minor psychological injuries suffered on the same occasion as the whiplash injury or injuries, taken together (“the tariff amount” for the purposes of section 5(7)(b) of the Act), is the figure specified in the third column of the following table—
Duration of injury |
Amount – Regulation 2(1)(a) |
Amount – Regulation 2(1)(b) |
Not more than 3 months |
£240 |
£260 |
More than 3 months, but not more than 6 months |
£495 |
£520 |
More than 6 months, but not more than 9 months |
£840 |
£895 |
More than 9 months, but not more than 12 months |
£1,320 |
£1,390 |
More than 12 months, but not more than 15 months |
£2,040 |
£2,125 |
More than 15 months, but not more than 18 months |
£3,005 |
£3,100 |
More than 18 months, but not more than 24 months |
£4,215 |
£4,345. |
(2) In this regulation, “duration of injury” means—
(a)
(a) the duration, or likely duration, of the whiplash injury a person has suffered; or
(b)
(b) where a person suffers more than one whiplash injury on the same occasion, the whiplash injury of the longest duration, or likely longest duration, suffered on that occasion,
if the person were to take, or had taken, reasonable steps to mitigate the effect of that injury or those injuries.
Uplift in exceptional circumstances
3.—(1) Subject to paragraphs (2) and (3), a court—
(a)
(a) may determine that the amount of damages payable for pain, suffering and loss of amenity in respect of one or more whiplash injuries is an amount greater than the tariff amount relating to that injury or those injuries;
(b)
(b) may determine that the amount of damages payable for pain, suffering and loss of amenity in respect of one or more whiplash injuries, or one or more whiplash injuries and one or more minor psychological injuries, taken together, is an amount greater than the tariff amount relating to those injuries; and
(c)
(c) in a case where the court considers the combined effect of—
(i) an injury or injuries in respect of which a tariff amount is specified in regulation 2(1); and
(ii) one or more other...
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