Following the Lord Chancellor’s review of the Whiplash Injury Regulations 2021, the Whiplash Injury (Amendment) Regulations 2025 have been laid before Parliament. This will increase the Whiplash Tariff by approximately 15% for injuries occurring on or after 31 May 2025. Here's a brief Q&A to help you navigate the key issues.
A: The government has introduced the changes through an affirmative statutory instrument (SI) process. This means both Houses of Parliament must approve it before it becomes law. If either House votes against the motion or fails to approve it, the changes won’t proceed, but this is unlikely given the recent consultation with the Lady Chief Justice. The approval process typically takes 6-7 weeks.
A: The new tariff will apply to injuries occurring on or after 31 May 2025. Injuries occurring before this date will still be subject to the current tariff.
A: Technically, the SI can be stopped if either House votes against it, but this is rare. The expectation is that the SI will pass without significant opposition.
A: The next review must be completed before 21 November 2027. However, there is no requirement for the government to implement any recommendations from the review by that date.
A: The key change is an inflationary increase of around 15% across all injury durations. The current tariff structure, including the distinction between "whiplash only" and "whiplash plus minor psychological injury," will remain.
A: While the MoJ has indicated there may be a review of the SCT limit as part of a broader Civil Liability Act review in late 2025, the increased tariff could prompt further discussions on this issue.
For a more detailed breakdown of the parliamentary process and the full changes to the tariff, please see our comprehensive client alert linked below.
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