{
  "url": "https://openlegislation.uk/civil-procedure-amendment-no-2-rules-2021/article-7",
  "json_url": "https://openlegislation.uk/civil-procedure-amendment-no-2-rules-2021/article-7.json",
  "legislation": "uksi/2021/196",
  "legislation_title": "The Civil Procedure (Amendment No. 2) Rules 2021",
  "legislation_url": "https://openlegislation.uk/civil-procedure-amendment-no-2-rules-2021",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Amendment of Part 35",
  "text": "In rule 35.4—\n(a) For paragraph (3C), substitute—\n“(3C) In a claim for a whiplash injury, whether or not it is part of a claim for other injuries—\n(a) permission—\n(i) may normally only be given for one expert medical report in respect of the claim for the whiplash injury; and\n(ii) may not be given initially unless the medical report is a fixed cost medical report; and\n(b) where the claimant seeks permission to obtain a further medical report in respect of the claim for the whiplash injury only, the report must be a fixed cost medical report if the report is from a medical expert in any of the following disciplines—\n(i) Consultant Orthopaedic Surgeon;\n(ii) Consultant in Accident and Emergency Medicine;\n(iii) General Practitioner registered with the General Medical Council; or\n(iv) Physiotherapist registered with the Health and Care Professions Council.\n(3D) Where, in respect of a claim for a whiplash injury, the claimant lives outside England and Wales, but chooses to be examined in England or Wales, paragraph (3C) applies.\n(3E) Where the claimant obtains a medical report in respect of a more serious injury suffered on the same occasion as the whiplash injury, the claimant may be given permission to use that report instead of a fixed cost medical report under paragraph (3C) provided that—\n(a) the report is from a doctor who is listed on the General Medical Council's Specialist Register; and\n(b) the report provides evidence of the whiplash injury.\n(3F) Unless paragraph (3D) applies, where, in respect of a claim for a whiplash injury—\n(a) the claimant lives outside England and Wales;\n(b) permission is given for a medical report,\nthe medical report (or, if there is more than one report, the first report) must be obtained from a person who is recognised by the country in which they practise as—\n(i) being a medical expert; and\n(ii) having the required medical qualifications for the purposes of diagnosis and prognosis of a whiplash injury.\n(3G) In this rule—\n(a) in respect of a soft tissue injury claim, ‘fixed cost medical report’ and ‘soft tissue injury claim’ have the meanings ascribed to them by paragraph 1.1(10A) and (16A), respectively, of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; and\n(b) in respect of a claim for a whiplash injury, ‘fixed cost medical report’ and ‘whiplash injury’ have the meanings ascribed to them by paragraph 1.2(17) and (38), respectively, of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 7 in force at 31.5.2021, see rule 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/196/article/7",
    "retrieved_at": "2026-10-28T22:16:58.712484+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}