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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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.

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. The Judicial College guidelines include tables that set out compensation levels for everything from lung disease to chronic pain. Many features of the guidance in relation to valuing NIHL cases remains the same as the 15th Edition: This head of loss is recoverable in principle in abuse claims because they are trespasses to the person. As mentioned above, exemplary damages are intended to be punitive in nature rather than compensatory. They can however only be awarded if one of the narrow circumstances set out in Rookes applies: Our Injury Compensation Calculator (updated 2023) will give you an instant estimate of how much compensation you could receive (including general and special damages).iv) It offers no clues as to the approach that may be adopted in claims involving whiplash and other injuries. The authors hope that this context gives the reader a fuller understanding of the significance and need for the new Chapter 4(C) in the 16 th edition of the JCG. On 11 April 2022, the Judicial College Guidelines (JCG) 16 th Edition was published, superseding the 15 th Edition, which was published on 26 th November 2019. Once an admission of liability has been conceded and a medical legal report has been provided by a medical expert, a true valuation of the claim will be obtained. The Claimant Solicitor will usually wait until the Claimant has reached their full recovery before preparing an assessment of the value of the claim. The Judicial College Guidelines will then be looked at.

Compensation awards range from a few hundred to many thousands of pounds - depending on the type and severity of the injury. Most types of sexual abuse ultimately constitute trespasses to the person in the form of assaults and/or batteries. As a result, there are a number of heads of general damages that a claimant can recover in principle in connection with the nature or “ fact of” abuse, provided they are carefully pleaded: The Act provides that the guidelines are to be prepared in accordance with Section 90 of the Act. This section requires the Committee, in preparing the guidelines, to have regard to: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. ii)The pre- Simmons v Castle column (for cases funded by pre-LASPO CFAs) has now been omitted (save that the guideline figures for mesothelioma claims are still on a pre-LASPO basis because the Act was not commenced for those cases) The Judicial College Guidelines is an ass essment of General Damages, which is used to determine the value of a personal injury claim following the injuries the Claimant has sustained in an accident . Chapter 4 introduces a new distinct sub-category of psychiatric injury to reflect awards made to victims of sexual abuse, following the recommendations of the Independent Inquiry into Child Sex Abuse and its Accountability and Reparations Investigation.

The authors hope that the two parts of this post will be read together but for those short on time, they can be read in isolation. 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. iii) There is a new section on damages for sexual and physical abuse, as was recommended by the Independent Inquiry into Child Sexual Abuse, and While highlighting the need for readers of the JC Guidelines to consider the applicability of the tariff-based general damages regime introduced by Part 1 of the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021, the Note does little more than list the circumstances in which the scheme applies, how Tables A and B inter-relate and the potential for an uplift of up to 20% in “ exceptional circumstances”. However, on the most difficult issue for practitioners, the Note on whiplash just highlights that the position is as yet untested, saying “ It is unclear from the statutory provisions and the Regulations quite how the courts are expected to assess General Damages in those cases where a claimant suffers both a whiplash injury and a non-whiplash injury (including a 'non-minor' psychological injury). See section 3(8) of the Act. Again, further guidance will doubtless be provided by the courts in due course. The applicability of the tariff scheme to those cases in which the injury sustained amounts to an acceleration or exacerbation of an underlying condition for a period of up to two years is another area where further judicial input is likely to be required.” Comment The Judicial College Guidelines are referred to by solicitors, insurance companies and the courts as a guide only. Your case will be considered on its own merit.

Where can I see the complete table of compensation awards?

The stated objective of the Guidelines is to achieve consistency across all courts of awards for general damages although they do recognise that damages are for the courts to decide and that the Guidelines are merely that: guidance, not fixed points. In coming to the figures contained within the Guidelines, account is taken not just the rate of inflation since the last Guidelines but also quantum awards made in decisions of the higher courts. Headlines