Part 1: Whiplash Chapter 2: Damages Section 5: Uplift in exceptional circumstances
This section enables the Lord Chancellor to provide in regulations that the court may, increase the sums prescribed under the tariff, if satisfied both that the degree of pain suffering or loss of amenity makes it appropriate to do so, and either one or more of the whiplash injuries is exceptionally severe, or the injured party’s circumstances which increase the pain, suffering or loss of amenity caused by their injuries are exceptional. Regulations must specify, by reference to a percentage of the prescribed sum, the maximum increase that might be applied and may increase or decrease the maximum uplift. Regulations made under this section would be subject to the affirmative resolution procedure.