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Damages for whiplash injuries

Part of Civil Liability Bill [Lords] – in the House of Commons at 4:30 pm on 23rd October 2018.

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Photo of Ellie Reeves Ellie Reeves Labour, Lewisham West and Penge 4:30 pm, 23rd October 2018

The hon. Gentleman is right in saying that special damages are not included in the tariff. However, the point that needs to be made is that under the tariff system someone could, as he rightly points out, be off work for a very, very long time, but because of the way that the tariffs are set, their claim would fall into the small claims track, meaning that they would not be able to have their legal costs covered, so would be unlikely to get representation for their claim. That is likely to mean that they could have a big special damages claim that is never recoverable because they will be unable to pursue their claim as they will not be able to afford to. Does he agree?