Guidelines for the Assessment of General Damages in Personal Injury Cases (Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases)

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Judicial College Guidelines 16th Edition: Damages for Noise Induced Hearing Loss - Jim Hester, Parklane Plowden Chambers View The Personal Injuries Guidelines hereand a Report and FAQs in relation to the Guidelines follow The new edition of the JC guidelines was published in hard copy this week and, as expected, makes across-the-board adjustments for RPI inflation to the recommended guidelines for all categories of all personal injuries. The guidelines note the increasing march of inflation, and that at the end of September 2021 the general increase in the Retail Price Index since the last edition has been 6.56%. The Judicial College has also decided to remove figures for general damages, which do not include the 10% uplift announced by the Court of Appeal in Simmons v Castle [2012] EWCA Civ 128, on the grounds that there are likely to be very few cases in which the pre-uplift figures will be relevant.

Although these figures show a quite consistent increase of around 7%, this should not be taken as any indication that all increases are at this level. The 16th Edition of the Judicial College "Guidelines for the Assessment of General Damages in Personal Injury Cases" will be published by Oxford University Press on 11 April 2022. For the vast majority of cases, it is likely that the above change will not make a great deal of difference. Quantum has always taken into account any acceleration in need for hearing aids, if the same can be proved. The first (this) part aims to provide the context necessary to fully understand the significance of the changes in the 16 th edition. That context consists of the way in which parties and courts have approached general damages arising from abuse to date under various heads of general damages. It also looks at how the JCG has approached the circumstances of abuse in relation to PSLA and considers the practical difficulties that arise from the inconsistency of approach to date.It is difficult to put a financial value on an injury. Is a broken arm worth more or less than an amputated toe? Which deserves higher compensation, loss of hearing or loss of taste and smell?

In the 15 th edition, the overall introduction to the JCG stated that the editorial board was considering a designated section for claims arising from sexual abuse. That suggests that it was aware that there were still issues with the guidance as drafted. That change of course came with the 16 th edition and is discussed in Part 2 of this blog available here. The guidelines also set out the factors to be considered when assessing the severity of the injury. These include the nature and duration of the abuse and injuries, and the effect this has had on the pursuer's ability to cope with life, education and work. Other factors include the effect on personal and sexual relationships; abuse of trust; future vulnerability; and prognosis.All practitioners should familiarise themselves with the new guidelines in respect of their individual practice areas. We understand that the new guidelines will be available through the usual legal online resources shortly.

Compensation awards range from a few hundred to many thousands of pounds - depending on the type and severity of the injury.

The introduction to the guidelines notes that whiplash injuries resulting from road traffic accidents occurring after 31 May 2021 now fall under a statutory tariff, which was implemented by part 1 of the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021. Consequently the guidelines do not cover this type of injury. The new edition to these guidelines is to be welcomed by claimant practitioners as it represents an increase in general damages for various types of injuries as well as the continuing development of this area of the common law. Defendant practitioners prefer to point to the words of the introduction: ‘this is a book of guidelines, not tramlines, and that any award made is the prerogative of the court’. We charge partner firms for the marketing and operational services we provide and these costs are not passed on to our customers. Chapter 4: includes a new section providing guideline figures for claims involving sexual and/or physical abuse, in response to a recommendation from IICSA. One of the regular questions that crops up when a Claimant has suffered an injury is ‘How much will I get?’ although the solicitor wants to obtain the best amount of compensation, the answer to the question is not so simple.

The guidelines in this section largely remain the same. Increases to the values are made for inflation. Non- Simmons v Castlefigures are removed. At Nayyars Solicitors we are experts at valuing personal injury claims. If you have been injured in an accident then give our team a call today on 0161 491 8520.

Following recommendations from the Independent Inquiry into Child Sexual Abuse, a new category has been introduced in Chapter 4 which is a sub-category of psychiatric injury to deal with claims involving sexual and/or physical abuse. This reflects the awards made to victims of sexual abuse and the figures include both the physical and psychiatric consequences of any abuse. It should be noted that although there are some cosmetic changes to the chapters in the guidelines, the relevant figures generally remain consistent with the overall RPI adjustment. These are the main such changes. The guidelines are also the first to be published following the coming into force of the Whiplash Injury Regulations 2021 on 31 May 2021 and contain “new guidance in relation to the tariff-based awards for general damages under the Civil Liability Act 2018.” It is noted, however, that how this will operate in practice in claims involving a tariff award and another injury will need to be determined by the Courts in due course. The second part looks at the content of the 16 th edition itself. It sets out what the 16 th edition now says, what it adds and clarifies and what perhaps remains open for debate. General damages reflect the pain, suffering and loss of amenity (PSLA) caused by negligence. In dental claims the general damages will also reflect the need to undergo remedial dentistry.