Whiplash ‘mixed injuries’ urgent intervention at the Court of Appeal


10th November 2022

APIL and MASS have been given permission by the Court of Appeal to intervene in two test cases to help establish levels of compensation to be awarded for ‘mixed’ whiplash injuries.

New compensation tariffs were introduced for whiplash cases last year, but legislation failed to address the way damages should be calculated in cases where whiplash injuries are combined with other injuries which are not subject to a tariff.

To address this, two groups representing claimants and defendants were brought together and facilitated by the Motor Insurers Bureau to create a framework for bringing a basket of test cases direct to the Court of Appeal, with the aim of resolving the problem to ensure injured people are compensated properly. The intervention by APIL and MASS is made on behalf of the claimant group.

“Finding test cases has been extremely difficult because of ongoing and well-documented problems with the new portal which was set up to deal with low value traffic claims,” said APIL secretary Brett Dixon.

“There is a broad range of issues to be considered in mixed injury claims and the test cases which are being brought outside of the stakeholder framework have provided a very timely opportunity for us to gain clarity from the Court of Appeal about how these issues should be dealt with as quickly as possible.”

Sue Brown, Chair of MASS, said “We are really pleased that the Court of Appeal has recognised the need for urgent guidance on these issues.

“Our concern, and that of the wider stakeholder group, has always been that the Court of Appeal is given the opportunity to consider the full range of scenarios that will affect those making a claim for whiplash and non-whiplash injuries. Our intervention will provide the Court with the opportunity to consider these wider points and give injured people the certainty they deserve.”

The Court of Appeal granted the request to ‘leapfrog’ the High Court in two conjoined appeals from Birkenhead County Court. The expedited appeals will be heard on either 30 November or 1 December.

Notes to editors:

The Motor Accident Solicitors Society (MASS) is a national association representing the victims of road traffic accidents. Our core objective is to promote the best interests of the accident victim and we seek to promote all legal policy and other objectives that are consistent with that principle and challenge those that are not. We are a not-for-profit association with our strong membership of personal injury solicitors, throughout the UK, all requiring specialism in motor accident and personal injury claims and adhering to our Code of Conduct.
All Media enquiries should be directed to Tim Carr on; 07775 853789 or email: tim@tcarr.co.uk. For any other enquiries please contact MASS Executive Director, Jane Loney on – 07710 103630 or jane@mass.org.uk

The Association of Personal Injury Lawyers (APIL) is a not-for-profit campaign group which has been committed to injured people for more than 30 years. Our vision is of a society without needless injury but, when people are injured, they receive the justice they need to rebuild their lives. We have more than 3,200 members who are committed to supporting the association’s aims, and all are signed up to APIL’s code of conduct and consumer charter. Membership comprises mostly solicitors, along with barristers, legal executives, paralegals and some academics.
Enquiries should be directed to APIL’s head of public affairs Lorraine Gwinnutt on t: 07768 440249 e: lorraine.gwinnutt@apil.org.uk, or to Asher Mayers-Thompson on t:07808 768623 e: asher.mayers-thompson@apil.org.uk

Our Mission Statement

MASS promotes the highest standards of legal services through education and representation in the pursuit of justice for victims of road traffic accidents.