The Whiplash Injury (Amendment) Regulations 2025
Draft 2025, ISBN 9780348270440
Draft Regulations laid before Parliament under section 3(12) of the Civil Liability Act 2018, for approval by resolution of each House of Parliament.
DAMAGES, ENGLAND AND WALES
LEGAL SERVICES, ENGLAND AND WALES
Made ***
Coming into force 31st May 2025
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 3(2), (4), (5) and (7) and 12(4)(a) of the Civil Liability Act 2018f1, having consulted in accordance with section 3(11) of that Act.
A draft of these Regulations has been laid before Parliament in accordance with section 3(12) of the Civil Liability Act 2018f2, and has been approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
- f2
-
Section 12(3) of the Act sets out the meaning of “affirmative resolution procedure”.
Contents
- 1Citation, commencement and extent
- 2Amendment of the Whiplash Injury Regulations 2021
- Signature
- Explanatory note
1Citation, commencement and extent
These Regulations may be cited as the Whiplash Injury (Amendment) Regulations 2025 and come into force on 31st May 2025.
These Regulations extend to England and Wales.
2Amendment of the Whiplash Injury Regulations 2021
In regulation 2 (Damages for whiplash injuries) of the Whiplash Injury Regulations 2021f1—
in paragraph (1)(a) and (b) for “the following table”, in both places it occurs, substitute—
“—
(i)Table 1 where the cause of action accrues before 31st May 2025;
(ii)Table 2 where the cause of action accrues on or after 31st May 2025”;
for the table following paragraph (1)(b) substitute—
“
Table 1
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 Table 2
Duration of injury Amount - Regulation 2(1)(a) Amount - Regulation 2(1)(b) Not more than 3 months £275 £300 More than 3 months, but not more than 6 months £565 £595 More than 6 months, but not more than 9 months £965 £1,025 More than 9 months, but not more than 12 months £1,510 £1,595 More than 12 months, but not more than 15 months £2,335 £2,435 More than 15 months, but not more than 18 months £3,445 £3,550 More than 18 months, but not more than 24 months £4,830 £4,975 ”
Signature
Signed by authority of the Lord Chancellor
Name
Minister of State
Ministry of Justice
Date
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Whiplash Injury Regulations 2021 (S.I. 2021/642) with regard to specifying, by way of tariff, the total amount of damages for pain, suffering and loss of amenity that a court may award for road traffic accident related whiplash injuries of up to two-years’ duration and any minor psychological injuries suffered on the same occasion.
Regulation 2 amends regulation 2 of the Whiplash Injury Regulations 2021, renaming the table following 2(1)(b) as “Table 1” and inserting a new table (Table 2). For causes of action which accrued before 31st May 2025, the amounts in Table 1 apply. Table 2 has increased damages amounts which apply where a cause of action accrues on or after 31st May 2025.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.