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. There 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. Time will tell whether arguments will be raised in relation to cases of very low levels of loss where there is no noticeable effect on an individual, but an acceleration in need for hearing aids can be proved. The 15th edition of the Judicial College Guidelines for the assessment of damages in personal injury cases was published on the 26th November 2019, more than two years after the previous edition.

Date of establishment of the Personal Injuries Guidelines Committee by the Judicial Council. Functions and Work of the Committee In some ways this might be considered to be a variation of section (d). If a claimant is able to prove NIHL of, say 7 dB which could be considered under section (d), then there is likely to have been an acceleration in the need for hearing aids, or there will be. The Judicial College (formerly the Judicial Studies Board) has published the latest edition of its guideline damages for personal injury claims, more than 2 years since they were last updated in January 2020. 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.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. 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. 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.

Finally, a large number of cases have a global award made for PSLA which is said to include a sum for aggravated damages or injury to feelings. In those cases, it is impossible to understand what proportion of the award is for the fact of the abuse and what proportion is for the injury caused. For obvious reasons this is unhelpful for the practitioner who needs to advise her client on how much they can expect to recover for each constituent head of non-pecuniary loss. Unless both the nature and severity of the abuse and the nature and severity of the injury caused to her client are similar to that in the reported case, the award in the reported case is unlikely to be of any assistance. It is important to note that there is not necessarily a correlation between the extent of the abuse suffered and the extent of the psychiatric injury caused by sexual abuse; some claimants suffer only mild, short-term psychiatric injuries from multiple rapes committed over many years, while others suffer lifelong debilitating psychiatric injuries from one-off “less serious” incidents of abuse. This is why the fact of the abuse requires distinct consideration and quantification. 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. iii)the principles for the assessment and award of damages for personal injuries as determined by the High Court, Court of Appeal and Supreme Court 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. 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.

A number of other “tweaks” to the Guideline figures include the reshaping of some categories, including those relating to damage to reproductive organs to reflect the JC’s recognition “ that injuries leading to sexual dysfunction, loss of sexual function, and associated psychological sequelae may affect both men and women” and that previous figures for women had, as observed by the Professional Negligence Bar Association, focussed almost exclusively upon loss of fertility and reproductive capacity. Note on Whiplash Injuries: Tariff-Based Awards

To encourage cases to settle out of court, you would be awarded an extra 10% on top of the JCG tariff if the defendant later fails, in court, to beat your offer to settle the claim. Where can I see the complete table of compensation awards? Compensation awards range from a few hundred to many thousands of pounds - depending on the type and severity of the injury. Personal injury claims are handled on a no win no fee basis. Under a no win no fee agreement, your solicitor will receive a success fee of up to 25% of your compensation. There may be other costs which your solicitor will explain before you proceed. For example, your solicitor may need to take out legal protection insurance to cover any costs if your claim is not successful and to ensure your claim is risk free. Please see our no win, no fee section for further information. 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. For the purpose of performing its functions, the Committee, under Section 18 of the Act, has been given the power to require persons in possession of records, documents or information which might assist it with its work to provide such records, documents or information. It has further been given the power to consult with such persons as it considers appropriate including the Personal Injuries Assessment Board and to conduct such research as it considers appropriate concerning the level of damages awarded by courts in and outside of the State and settlements of claims for personal injuries.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. There is no definitive judicial or other authority that tells us how much should be awarded in a particular case or whether they should be awarded as a matter of course in abuse claims. In some cases courts have chosen to award a percentage of PSLA, in others they have taken a more abstract approach. There is currently no right answer as “ there is no conventional award” ( Gulati v MGN [2015] EWHC 1482 (Ch) at 206). General damages are intended to compensate you for any pain, suffering and loss of amenity your injury has caused. General damages also reflect the impact an injury has had on your life, including, for example, the loss of hobbies or career. The Judicial College Guidelines are not particularly straight forward and therefore the Claimant should always discuss the value of general damages with their Instructing Solicitor.

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

Calculate your compensation now

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 . The 11 th edition was markedly more detailed than 10 th and the 15 th edition was also markedly more detailed than the 14 th. However, in our view the 15 th edition was not a perfect or complete solution.