Following criticism from the House of Lords Delegated Powers and Regulatory Reform Committee, on the 19th April 2018, a draft statutory instrument has been published (The Whiplash Injury Regulations) which defines the term “Whiplash injury” for the purpose of the Civil Liability Bill as:
“a sprain, strain, tear or rupture of one or more of the muscles, tendons or ligaments in the neck or back which has been caused by the backward or forward or sideways movement of the neck beyond the limit of its normal range of motion, the effects of which may include, but are not limited to—
(a) pain in the neck, back, shoulders or arms;
(b) reduced mobility in the neck, back or shoulders;
(d) muscle spasms; or
(e) swelling in the neck.”
The draft Whiplash Injury Regulations also provides the following tariff of awards for general damages for whiplash injuries:
Not more than 3 months £225
More than 3 months, but not more than 6 months £450
More than 6 months, but not more than 9 months £765
More than 9 months, but not more than 12 months £1,190
More than 12 months, but not more than 15 months £1,820
More than 15 months, but not more than 19 months £2,660
More than 19 months, but not more than 24 months £3,725
Although the awards are fixed, the Court will have a limited discretion to uplift the awards by up to 20%.
The Civil Liability Bill passed to the Committee stage in the House of Lords on the 10th May 2018. Further updates will follow as the Bill makes its passage through the Houses of Parliament.