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Although the whiplash reforms came into effect on 31st May 2021, it took some time for case to appear before the Court. Mixed injury cases have recently started to appear in Stage 3 Hearings or OIC Small Claims Track (‘SCT’) trials for quantum assessment.
This is because some PSLA awards may exceed £5,000 and be eligible for the usual RTA Protocol, while the award for whiplash for two years and under will be assessed using the whiplash tariff.
Some may be curious about the difference between the two types of hearings, even though they both assess quantum of PSLA and other financial losses.
What happens at a Stage 3 oral hearing?
As per Practice Direction 49F, paragraph 7.1, only evidence filed/served with the Court Proceedings Pack can be relied upon at the Stage 3 hearing. The documents uploaded onto the portal will be thosed that are annexed to the Court Proceedings Pack.
Not much is said about how the hearings are to be conducted in Practice Direction 49F.
Consideration of the claim
11.1 The court will order that damages are to be assessed—
(1) on the papers; or
(2) at a Stage 3 hearing where—
(a) the claimant so requests on the claim form;
(b) the defendant so requests in the acknowledgment of service (Form N210B); or
(c) the court so orders,
and on a date determined by the court.
11.2 The court will give the parties at least 21 days notice of the date of the determination on the papers or the date of the Stage 3 hearing.
11.3 Where further deductible amounts have accrued since the final offer was made by both parties in the Court Proceedings Pack (Part B) Form, the defendant must file an up to date certificate at least 5 days before the date of a determination on the papers.
11.4 Where the claim is determined on the papers the court will give reasons for its decision in the judgment.
Practice Direction 49F modified Part 8 proceedings to essentially be a final hearing, with no guidance on how a Stage 3 hearing would proceed. Based on my experience, the Court typically addresses each loss category individually and delivers a verdict for each one. However, if there are only a few loss categories, the submissions may be brief.
Typically the Claimant’s advocate makes the first submission, with the Defendant’s advocate replying to it. However, in final hearings of Part 7 proceedings, the Defendant usually makes the closing submission first, followed by the Claimant. This only changes when the Defendant does not rely on any evidence, in which case the Claimant goes first in the closing submission.
Judges sometimes surprise defendants by adopting the usual Part 7 approach to Part 7 final hearings, instead of allowing them to make reply submissions. Even the authors of On Your Feet: A Practical Guide to Civil Advocacy gave the following guidance:-
As there is no oral evidence, counsel will go straight into submissions. Defendant’s counsel (usually) goes first. Submissions normally begin by addressing PSLA and then moving on to special damages, but the order is up to you.
What happens at an OIC SCT Quantum hearing?
The rules for an OIC SCT Quantumferent from a Stage 3 are different. It is, after all, a Part 7 claim (albeit modified by Practice Direction 27B).
Part 27 (the Small Claims Track) gives the following rule regarding the conduct of the hearing:-
27.8
(1) The court may adopt any method of proceeding at a hearing that it considers to be fair.
(2) Hearings will be informal.
(3) The strict rules of evidence do not apply.
(4) The court need not take evidence on oath.
(5) The court may limit cross-examination(GL).
(6) The court must give reasons for its decision.
A Part 7 small claims hearing is more similar to a fast-track trial than a Stage 3 hearing, as oral evidence can be heard. OIC SCT Part 7 proceedings have been modified by Practice Direction 27B.
The Practice Direction ensures that different types of disputes (such as liability, quantum, and vehicle damage) have their own specific rules and amendments. Section 3 is the section that concerns quantum where there is no liability dispute, no whiplash uplift being sought and no vehicle damage. Practice Direction 27B expressly allows for oral evidence to be heard at an OIC SCT quantum.
One of the draft directions in Practice Directions 27B includes a provision for witness statements (or even additional witness statements) to be exchanged before the hearing. Paragraph 3.12(3) states upon receiving the acknowledgment of service (RTAASQ) the Court will give court managment directions.
Every OIC SCT Quantum hearing that I have attended so far has not required the Claimant to give oral evidence. They have been oral submissions. However, the Judge would have the ability to conduct the hearing as they see fit under Part 27.8(2).
So what is the difference really between the two?
If a claim involves both tariff and non-tariff injuries, the assessment of damages will be the same whether it’s heard at a Stage 3 Oral Hearing or an OIC SCT Quantum hearing. The only difference might be in how the award for PSLA (pain, suffering and loss of amenity) is expressed in a Jugment.
In OIC claim forms, tariff and non-tariff awards are separate. However, determining the appropriate value for PSLA non-tariff awards requires considering overlap with the tariff award.
Naturally, the recovery of costs is a significant difference between the two. Whilst many litigation practitioners may have been dismayed to find no increase in the MOJ portal costs with the expansion of the Part 45 fixed costs regime, the OIC SCT quantum proceedings do not allow anything more than the Solicitor’s cost on issue, court fees and disbursement where the rules allow (such as medical report fee).
The ability to adduce oral evidence at OIC SCT quantum hearings is a significant difference. I had an OIC SCT quantum hearing listed for two hours (usual listing for an RTA SCT trial), yet we had no oral evidence and we were out within 45 minutes. Like SCT trials, the advocacy and preparation will be more taxing but without any recovery of the advocacy costs.
Child claims will not go into the OIC SCT process because they are exempt, even if their damages do not exceed £5,000. This allows costs to be recoverable and ensures Part 21.10 can be complied with.
Where no oral evidence is heard, the OIC SCT quantum hearings are likely to follow a similar format to a Stage 3 Hearing. One must remember that if the Court does Order oral evidence, the evidence of the Claimant will be tested and as such, it going to be open to more scrutiny compared with the ‘rough and ready’ approach in a Stage 3 hearing where uncontroverted evidence must be accepted.
A majority of RTA claimants with whiplash will likely have OIC SCT quantum hearings due to PSLA’s total value not exceeding £5,000.
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.