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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The Guidelines reflect inflationary changes, any new decisions on quantum and any changes in policy. Therefore, in each subsequent edition, the figures will increase from time to time. As there has been two years between the publication of the 13 th and the 14 th edition, the increases will reflect the changes over this two year period. It also continues to include an additional column of figures indicating the 10% uplift in general damages, this was outlined in the Court of Appeal case of Simmons v Castle 2012 . The 10% uplift is included to reflect government reforms which meant that a success fee was no longer recoverable from the third party by the Claimant Solicitors . 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.

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. 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. It is useful to note that the severity of the accident does not dictate the valuation; it is the severity of the injury that is most important. A non-dangerous accident resulting in significant injuries would be worth more than a serious incident where the Claimant suffered only scratches. Compensation awards range from a few hundred to many thousands of pounds - depending on the type and severity of the injury. 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.The first reference is in the preamble to the chapter and has remained the same for 20 years. Edition

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. vii) (b) if so, the nature of the relationship between victim and abuser, the nature of the abuse, its duration and the symptoms caused by it. The Judicial Council Act 2019 provides that the Judicial Council nominate a date for establishment of the Personal Injuries Guidelines Committee at its first meeting in accordance with Section 18 of the Judicial Council Act 2019. At that meeting on the 7th of February 2020, the Council nominated the 28th of April 2020 for the establishment of the Committee. Pursuant to the provisions of the Act, the first meeting took placeon the 7 th of May 2020 and the draft guidelines will be prepared within six months of establishment. 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.” CommentThere are vanishingly few categories of injury where the adjustment is noticeably different from the RPI figure, albeit that the guideline amounts provided are, of course, rounded as necessary.

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. A note is provided in respect of the application of tariff-based awards for general damages under the Civil Liability Act 2018; and 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. In previous editions, the section covering injury to reproductive organs focused primarily on the loss of fertility and reproductive capacity. The scope of this section has now been widened to capture injuries resulting in sexual dysfunction, loss of sexual function and the related psychological consequences in both sexes.Date of establishment of the Personal Injuries Guidelines Committee by the Judicial Council. Functions and Work of the Committee The figures in the latest edition reflect the 6.56% increase in RPI since the 15th edition and are given as neatly rounded figures. Where there have been no recent decisions in relation to specific types of injury, the inflation uplift may be the only discernible change. Of course, a change to the Judicial College Guidelines does not change the law in relation to de minimis. It may, though, support such an argument. Chapter 4: includes a new section providing guideline figures for claims involving sexual and/or physical abuse, in response to a recommendation from IICSA. Recently, several state bodies have carried out work into the law on personal injuries, court awards and the costs of claims arising from personal injury. These includethe Personal Injuries Commission, the Law Reform Commission as well as the Central Bank. What the Committee is required to do under the Act must, however, be distinguished from what has been done by other bodies to date. Its work is not inquisitorial in nature or designed to inform government policy. It would be entirely inappropriate and beyond the remit and power of the judiciary or the Committee to embark upon any such course. The Committee