After four years, the amount awarded for soft tissue whiplash of the neck, back and shoulder is increasing. The Whiplash Injury (Amendment) Regulations 2025, comes into force on the 31st May 2025, introducing a 15% increase in the fixed compensation tariffs for whiplash injuries sustained in road traffic accidents occurring on or after that date (i.e. not retrospective). This adjustment is said to account for inflation since the original tariffs a buffer for anticipated inflation up to 2027.
The Regulation amends the Whiplash Injury Regulations 2021 to provide two tables. The first table relates to accidents that occur on and after the 31st May 2021 and up to 30th May 2025. The second table will relate to accidents on hte 31st May 2025 and onwards.
Straightforward, no formulas. One table applies depending on when the accident happened. Interesting how close the 18-25 months with minor psychological symptoms is to the fast track threshold.
What would have been helpful is for the 2021 Regulation to have given a statutory definition of minor injuries. At best, the Statutory Review of the whiplash tariff would suggest the consideration of the JC Guidelines and as per Chapter 4, anything that does not meet a formal diagnosis or disorder and would normally be treated under Chapter 14.
Given that an appeal would be free of any real cost recovery, it is unlikely that it would provide judicial guidance on the interpretation of what constitutes a minor psychological injury.
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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.