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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ii)the level of damages awarded for personal injuries in courts in such places outside the State as the Committee or the Board considers relevant; 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’. 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. 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. 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.

Chapter 4: includes a new section providing guideline figures for claims involving sexual and/or physical abuse, in response to a recommendation from IICSA. It is imperative to note that the Guidelines are only guidance, they are not law. In addition to the Judicial Guidelines it is always helpful to have knowledge of similar case law to help determine the likely value of the claim. Such relevant case law will depend on facts such as, similar injuries sustained and similar age of the Claimant injured in a similar accident. One other important factor to take into consideration is whether the Claimant is male or female. For example a female victim who has suffered an injury to the face will generally recover more damages than a male. The circumstances of the case must be regarded as the ultimate determinative factor in any award for general damages. 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 Committee

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 immediately surprising that this section was not updated for 20 years given the many advancements in understanding and awareness of abuse in that period. These advancements were due in large part to media coverage of abuse in e.g. Jimmy Saville (breaking news in 2011), Harvey Weinstein (breaking in 2018 and triggering the Me Too movement in the UK), the uncovering of historic abuse in the Catholic Church, in schools and large organised sex abuse rings in Operation Yewtree (2012) and Operation Hydrant (2014). 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. Adjustments have been made for RPI inflation and the figures in this new edition show a 6.56% increase since the 15th Edition was published over two years ago.

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. Exemplary damages were awarded in sexual abuse claims in Kuddus v CC of LP [2002] 2 AC 122 and AT, NT, ML, AK v Dulghieru [2009] EWHC 225 (QB). Parties and courts have taken a variety of approaches to general damages in the context of abuse claims. The variety is between both the category (or categories) of general damages sought/ awarded and the financial value attributed to them. This part sets out what those various approaches are and why it has been problematic. We will consider the different categories of general damages sought, agreed and/or awarded to date and the history of sexual abuse awards within the context of the Judicial College Guidelines (JCG).Judicial College Guidelines 16th Edition: Damages for Noise Induced Hearing Loss - Jim Hester, Parklane Plowden Chambers