The Judicial College Guidelines The 11th edition of the guidelines for the Assessment of General Damages in Personal Injury Cases has been published. It is no longer the Judicial Studies Board Guidelines. There are a number of significant changes.
- An increase in general damages of around 9% across the board, which is slightly above inflation, and significantly greater than the increase between the 9th and 10th editions. This is apparently to take into account decisions of the higher courts on quantum.
- New chapters on minor injuries, chronic pain, and injuries resulting in death.
- More detailed guidance in certain chapters, such as the assessment of damages in minor neck injuries, in sexual abuse cases, and in RSI claims.
- Further sub-division of broad bottom brackets for certain injuries, most helpfully for practitioners dealing with whiplash claims and neck injuries.
It is important to note that the new guidelines do not incorporate the Simmons v Castle 10% uplift discussed above.