21 April 2022

The updated Judicial College Guidelines were published on 11 April 2022 to reflect the updated position since the 15th Edition was published in November 2019. These guidelines are an invaluable resource for all practitioners, as well as the Courts, when quantifying claims in respect of both personal injury and clinical negligence. The aim is to encourage consistency of the approach to both awards and settlement and they are updated regularly to keep abreast of various factors, including developments in the law and inflation. The figures contained within the guidelines are based on sums awarded by the Courts, with brackets for each category of personal injury setting out the recommended general damages sum, together with guidance as to the factors that should be considered in individual cases in order to decide which bracket best applies to the injuries concerned.

There are a number of changes which practitioners should be aware of:

1. 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.

2. Following recommendations from the Independent Inquiry into Child Sexual Abuse, a new category has been introduced in Chapter 4 which is a sub-category of psychiatric injury to deal with claims involving sexual and/or physical abuse. This reflects the awards made to victims of sexual abuse and the figures include both the physical and psychiatric consequences of any abuse. 

The brackets are as follows: 

Severe: £45,000 to £120,000 with the anticipation that most awards will be from £55,000 to £90,000

Moderate: £20,750 to £45,000

Less severe: £9,730 to £20,750

These brackets are in line with recent awards made in Scotland and the expectation is that most cases will fall into the severe category, with further guidance provided on the factors to be taken into account when assessing the appropriate bracket. There is also scope for an additional award due to aggravating factors such as the nature and duration of the abuse.

3. 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.

4. There is a new Chapter 8 which covers work related limb disorders and separates out upper limb injuries from the previous Chapter 7.  There is a new section which provides guidance on the appropriate level of awards for cold injuries such as frostbite or injury to soft tissue, nerve or vascular systems. 

5. The guidelines are also the first to be published following the coming into force of the Whiplash Injury Regulations 2021 on 31 May 2021 and contain “new guidance in relation to the tariff-based awards for general damages under the Civil Liability Act 2018.”  It is noted, however, that how this will operate in practice in claims involving a tariff award and another injury will need to be determined by the Courts in due course.

6. 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. 

Whilst these guidelines are not law, they are generally recognised to be a go to tool for all those dealing with personal injury and clinical negligence claims and, as such, they should be considered an essential purchase. 

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.

Jennifer Stewart, Senior Associate: jhs@bto.co.uk / 0141 221 8012