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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 . Chapter 6 relating to injury to reproductive organs has been widened to include such injuries in relation to sexual function and the related psychological consequences for both sexes. There is also the removal of the column for damages without the 10% uplift following Simmons v Castle [2013] 1 WLR 1239 with the figures given now including the 10% uplift as standard.

Where the conduct was oppressive, arbitrary or unconstitutional conduct carried out by government servants (for example the police, the armed forces); 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. 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.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. 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. 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 principal function of the Personal Injuries Guidelines Committee of the Judicial Council was to prepare and submit to the Board of the Council, for its review, draft Personal Injuries Guidelines by 9 th December 2020. Within three years of the Council adopting the guidelines, which was on the 6th of March 2021,and every three years thereafter, the Committee will review those guidelines. Chapter 8: this is a new chapter, separating upper limb injuries (HAVs, WVF and WRULD) from the previous chapter 7 and providing guidance on awards for cold injuries (there is a consequential re-numbering of subsequent chapters). 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.

Where can I see the complete table of compensation awards?

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. 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 first reference is in the preamble to the chapter and has remained the same for 20 years. EditionIt 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. 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. 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.

The first specific references to claims arising from sexual abuse appear in the 6 th edition of the JCG, published in 2002. There are two distinct references in that edition, both of which are in the chapter for psychiatric injury.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. The guidelines in this section largely remain the same. Increases to the values are made for inflation. Non- Simmons v Castlefigures are removed. An example of injury to feelings damages awarded in an abuse claim is BDA v Quirino [2015] EWHC 2974 (QB).

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