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There is also a revision of the approach taken to assessing damage to reproductive organs which, previously in women, focused almost exclusively upon loss of fertility and reproductive capacity. The Judicial College recognises that injuries leading to sexual dysfunction, loss of sexual function, and associated psychological sequelae may affect both men and women. The relevant sections can be found at Sections E and F of chapter 6 and they provide more detail than in the previous edition of the guidelines. 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. 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 Judicial College Guidelines are not particularly straight forward and therefore the Claimant should always discuss the value of general damages with their Instructing Solicitor. Examples of aggravated damages being awarded in abuse claims include FKP v Lampitt [2015] EWHC 3368 (QB), WCC v Steer [2019] EWH 1874 (QB) and FZO v Andrew Adams and another [2019] EWHC 1286 (QB). An example of aggravated damages awarded alongside an award for injury to feelings is BDA v Quirino [2015] EWHC 2974 (QB) . Examples of aggravated damages being reflected within PSLA include Re S [1994] and BXB v Watch Tower and another [2020] EWHC 156 (QB).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). In the 15 th edition, the overall introduction to the JCG stated that the editorial board was considering a designated section for claims arising from sexual abuse. That suggests that it was aware that there were still issues with the guidance as drafted. That change of course came with the 16 th edition and is discussed in Part 2 of this blog available here. Figures have been updated to take account of both inflationary increases and higher court determinations; Although these figures show a quite consistent increase of around 7%, this should not be taken as any indication that all increases are at this level. 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
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. 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 new Chapter 4(C) covers both the physical and psychiatric consequences of the abuse in one award. While that has always been the Scottish approach to an award for solatium it is helpful to all parties to have clear guidance on these cases. 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. Chapter 4: includes a new section providing guideline figures for claims involving sexual and/or physical abuse, in response to a recommendation from IICSA.
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.” Comment 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 If an agreement could not be reached between the parties to settle the Claimant’s claim, the claim would proceed to a final court hearing. The Judicial College Guidelines would then be looked at by the judge. The latest addition of the judicial College Guidelines is the 14th Edition.
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.
It is difficult to put a financial value on an injury. Is a broken arm worth more or less than an amputated toe? Which deserves higher compensation, loss of hearing or loss of taste and smell? 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. Judicial College Guidelines 16th Edition: Damages for Noise Induced Hearing Loss - Jim Hester, Parklane Plowden Chambers Date of establishment of the Personal Injuries Guidelines Committee by the Judicial Council. Functions and Work of the Committee
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