For years, the fixed costs for RTA, EL, and PL litigated matters under £25,000 remained unchanged. Only accidents that occur on or after 1st October 2024 are subject to the new, increased amounts. That’s just over 10 years after they were introduced.
Now, after over three years following its implementation, that has been the publication of the review, which has suggestions to increase the whiplash tariff. You can read the report by clicking here.
Highlights
There a three main takeaways from the report, at least in my view:-
- When considering how to account for inflation, the report considered whether to rely on CPI or RPI (deciding to go with CPI).
- They intend to increase the whiplash awards
- They intend to clarify what is a minor ‘injury’
Inflation
The JC Guidelines, in the 17th edition, advised they intended to increase inflation in line with RPI, but said it would be for the judiciary to decide.
It was considered whether RPI or CPI should be used. They said when considering an increase due to inflation, it’s important to choose the right measure. Claimant representatives have suggested using the Retail Prices Index (RPI) because it is currently used to adjust the JCG and would likely result in a bigger tariff increase. However, the Office of National Statistics (ONS) has stated that RPI is not a reliable measure of inflation and could overstate it. A joint consultation by HM Treasury and the UK Statistics Authority showed that RPI will be reformed by 2030 to match the Consumer Prices Index (CPI) Housing measure.
As a result, the ONS recommends using the Consumer Prices Index (CPI) whenever possible. This is consistent with the methods used in the original tariff calculations and the last Personal Injury Discount Rate review in 2019, which also used CPI. Additionally, when the small claims track limit was raised to £1,500 in 2022, CPI was the measure chosen.
Essentially the review opted for CPI:-
Having considered the available data and evidence I have have decided that there that there should be some level of inflationary increase to the tariff, and that the appropriate should be measure is CPI. RPI as it is currently calculated would overstate inflation and use of CPI is in line with common practice across government.
Increase by up to 15%
After considering various options, the suggestion was to increase tariff amounts for CPI inflation from 2021-2024 and add a three-year buffer, resulting in a 14-15% increase for each band. It is suggested that the brackets may increase to the following figures:-
| Duration of Injury | Increased in line with CPI | |
| Whiplash | With minor psych | |
| 0-3 months | £275 | £300 |
| 3-6 months | £565 | £595 |
| 6-9 months | £965 | £1,025 |
| 9-12 months | £1,510 | £1,595 |
| 12-15 months | £2,335 | £2,435 |
| 15-18 months | £3,445 | £3,550 |
| 18 to 24 months | £4,830 | £4,975 |
Minor psychological injury
It was noted from feedback from the Call for Evidence suggests there can be disagreement about the definition of minor psychological injuries, leading to more secondary medical reports. Chapter 14 – Minor Injuries of the JC Guide states that a minor injury typically lasts no more than three months. However, injuries like travel anxiety may still be deemed minor even if they persist longer.
I would usually refer to Chapter 4 – Psychiatric and Psychological Injury (A) Psychiatric Damage Generally (d) Less Severe gave the following guidance:-
Cases falling short of a specific phobia or disorder such as travel anxiety when associated with minor physical symptoms may be found in Chapter 14: Minor Injuries.
I would follow the same procedure and argue that if it did not meet the criteria for a specific phobia or disorder (which falls within Chapter 14) then it is deemed to be a minor psychological injury.
The outcome suggests that minor injuries are short-term injuries resulting in complete recovery within three months and not covered elsewhere. Cases involving significant pain, multiple injuries, or travel anxiety related to minor injuries, where symptoms last beyond three months, may be included. Compensation awards will depend on the severity and duration of symptoms, as well as their consistency. Claims for shock or travel anxiety without physical injuries or recognised psychiatric conditions will not qualify for compensation.
What will happen now?
Now that the Lord Chancellor (whether Shabana Madmood could have opted for Lady Chancellor) must consult the Lady Chief Justice and the outcome communicated to the relevant stakeholders before a statutory instrument is laid before parliament. No doubt we will hear within the forthcoming months.
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.