Law firms will still continue to accept claims for low value road traffic accident . These includes whiplash which is subject to the whiplash tariff.

Those claims will fall within small claims limit. The limit for road traffic accidents is £5,000.

I was once asked to prepare a skeleton argument for an approval hearing. The Judge had concerns that the parties had agreed an award in accordance with the whiplash tariff. It was his view that children were exempt from the whiplash reforms. The Judge adjourned the hearing and ordered the parties to file skeleton arguments.

Relevant legislation and Protocols relevant to Whiplash Tariff claims

From 31st May 2021 the following protocols applied, depending on the circumstances:-

The SCT Protocol and Whiplash Tariff

Paragraph 4.2 of the Small Claims RTA protocol states the following:-

This Protocol applies to any claim where all of the following conditions apply:-

  1. the claim arises from a road traffic accident which occurred in England or Wales on or after the 31st May 2021
  2. the claim includes a claim for damages for personal injury, and
  3. the Claimant values the overall claim at no more than £10,000 and the claim for damages for injury at no more than £5,000, save that the value of any non-protocol vehicle costs is excluded for the purposes of valuing the claim in this protocol

The protocol comes with a further caveat contained in paragraph 4.3:-

Even if all the conditions in paragraph 4.2 do apply, this protocol does not apply to a claim…..(f) where on the date the claim is started, the claimant is a child.

This is very clear. A child who suffers injury in a road traffic accident will not be subject to the Small Claims RTA protocol.

The Low Value RTA Protocol and Whiplash Tariff

The Low Value RTA Protocol captures a child’s claim because of paragraph 4.1(4)(b)

4.1 This Protocol applies where—

(1) a claim for damages arises from a road traffic accident occurs on or after 31st May 2021;

(2) the claim includes damages in respect of personal injury;

(3)the claimant values the claim at no more than the Protocol upper limit; and

(4)if proceedings were started the small claims track would not be the normal track for that claim. (Paragraphs 1.1(18) and 4.4 state the damages that are excluded for the purposes of valuing the claim under paragraph 4.1.) (Rule 26.6 provides that, except where Rule 26.6B applies, the small claims track is not the normal track where the claim has a financial value of more than £10,000 or where the value of any claim for damages for personal injuries (defined as compensation for pain, suffering and loss of amenity) is more than—

(a)       £5,000 where the claim arises from a road accident as defined on or after 31st May 2021, except where (b) applies;

(b)      £1,000 where the claim arises from a road accident where the accident occurred before 31st May 2021, or the claimant is a child, a vulnerable road user or where any of the other categories in rule 26.6A applies

So what does this mean? It does not matter if there is whiplash with tariff award that brings the damages for PSAL under £1,000, the low value RTA protocol will still apply.

Fixed Recoverable Costs for infant Whiplash

If you look at Part 45, you will find the following:-

45.16

(1) This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 49F (‘the Stage 3 Procedure’).

(2) Where a party has not complied with the relevant Protocol rule 45.24 will apply.

‘The relevant Protocol’ means

(a) the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”); or

(b) the Pre-action Protocol for Low Value Personal Injury Claims (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’).

(3) A reference to ‘Claim Notification Form’ or Court Proceedings Pack is a reference to the form used in the relevant Protocol.

A child’s claims captured by the MOJ Stage 1 – 3 portal costs and subsequent ex-portal costs.

Whiplash legislation

Some conflate children being exempt from the Small Claims RTA Protocol as excluded from the whiplash tariff. There are not mutually exclusive.

The Civil Liability Act 2018 sets out what the whiplash tariff will apply to.

Section 1 defines a ‘whiplash injury’ as a soft tissue injury to the neck, back or shoulder. An injury falls within the definition if it’s a sprain, strain, tear, rupture or lesser damages of a muscle, tendon or ligament in the neck, back or shoulder. It also includes any soft tissue injury associated with a muscle, tendon or ligament in the neck, back or shoulder.

A child with neck and shoulder pain will meet the definition above.

The whiplash tariff will not apply if:-

  • the Claimant was on a motorcycle
  • It did not occur on a road or public place in England or Wales
  • the Claimant was not in a motor vehicle and was a pedestrian

The Civil Liability Act 2018 will not exclude a child’s whiplash from the whiplash tariff.

Section 3 applies to the injury to a child’s claim for damages.

To mitigator adjournments, I will be including a paragraph within my advices on quantum to set this out.

I have prepared many advices on quantum which are subject to the whiplash tariff, including claims where non-tariff injuries apply (Hassam & others v Rabot & others [2023] EWCA Civ 19.)

I prepared advices on quantum for £100 with no VAT.

Information 

AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.

From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.

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