Whilst there are no major changes that will unduly concern practitioners, the figures do reflect a general increase of approximately 7% on previous brackets.
This is actually above the rate of inflation, since the 14th edition was published 2 years ago (5.7%).
In the vast majority of cases, the Defendant team are presented with minor claims for standard whiplash type injuries to the back, neck or shoulders and associated psychological symptoms.
The changes in these figures are summarised below:
|Area of Injury / expected recovery period||14th edition (inc. 10% uplift)||15th edition (inc. 10% uplift)||Increase|
|Neck, back or shoulder, within 3 months||Up to £2,150||Up to £2,300||£150|
|Neck, back or shoulder, 3 months to 1 year||£2,150 - £3,810||£2,300 – £4,080||£150 - £270|
|Neck, back or shoulder, 1 to 2 years||£3,810 - £6,920||£4,080 – £7,410||£270 - £490|
|Neck, usually less than 5 years or to nuisance levels, including acceleration and/or exacerbation of pre-existing condition||£6,920 – £12,050||£7,410 - £12,900||£490 - £850|
|Back, usually less than 5 years or to nuisance levels, including acceleration and/or exacerbation of pre-existing condition||£6,920 – 10,970||£7,410 - £11,730||£490 - £760|
The Defendant team are mindful that the new guidelines will make previous offers less attractive to Claimants and that those offers may no longer provide adequate costs protection.
With this in mind, we are reviewing all personal injury matters to ensure that offers previously made, particularly under Part 36 and in the Portal, provide reasonable compensation. Claimant lawyers will be quick to stand by the new guidelines in assessing the adequacy of personal injury offers.
It is worth noting that the Civil Liability Act 2018 remains scheduled for implementation in April 2021. This will create a fixed tariff system for whiplash injuries (with minor psychological injuries) lasting up to 2 years.
Upon implementation, the Judicial College Guidelines will cease to apply to the majority of these claims, however, the tariff scheme will not apply to motorcyclists, pedestrians and cyclists.