The Whiplash Injury (Amendment) Regulations 2025

Draft Regulations laid before Parliament under section 3(12) of the Civil Liability Act 2018, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2025 No. ****

DAMAGES, ENGLAND AND WALES

LEGAL SERVICES, ENGLAND AND WALES

The Whiplash Injury (Amendment) Regulations 2025

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 2018(1), 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 2018(2), and has been approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Whiplash Injury (Amendment) Regulations 2025 and come into force on 31st May 2025.

(2) These Regulations extend to England and Wales.

Amendment of the Whiplash Injury Regulations 2021

2.—(1) In regulation 2 (Damages for whiplash injuries) of the Whiplash Injury Regulations 2021(3)—

(a) 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”;

(b) 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”

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.

(1)

2018 c. 29.

(2)

Section 12(3) of the Act sets out the meaning of “affirmative resolution procedure”.

(3)

S.I. 2021/642.