Whiplash settlements
in Scotland.
Scotland does not use the English whiplash tariff; the court values solatium itself, often with the Judicial College Guidelines. A driver rear ended at a give way sign in 2020 received £2,000 for a soft tissue neck injury and £3,144 in total. In 2026 a sheriff awarded £1,640 after a crash but cut the expenses because the pursuer’s solicitors had put fictitious outlays in the claim.
Facts that decide a whiplash claim in Scotland
| No tariff in Scotland | Solatium for a short neck injury is assessed by the sheriff; in Ackrim the relevant guideline bracket went up to £2,990 and £2,000 was awarded.Ackrim v UK Insurance [2024] SC EDIN 53 |
|---|---|
| Which court | Claims worth £100,000 or less must be raised in the sheriff court, including the All-Scotland Sheriff Personal Injury Court in Edinburgh.Courts Reform (Scotland) Act 2014, s 39 |
| Expenses protection | A pursuer who conducts an injury claim appropriately cannot be ordered to pay the defender’s expenses, even on losing (qualified one way costs shifting).Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, s 8 |
The UK band is the starting point. Scotland's fault rule and any applicable cap then adjust the figure.