Last month, the Judicial College Guidelines rates which are used for the assessment of General Damages in Personal Injury cases increased. The new guidelines are that all brackets for damages have been increased by 22% which is to take account of the changes in the Retail Price Index (RPI) from the previous edition up until now.
The purpose of the increase is that inflation should always be considered while valuing an injury. The Guidelines reflect the Court’s decisions and the guidelines do not bind the court in valuation of damages or ban the court from taking any other factors into account.
Key points to consider:
The application of RPI between the 16th Edition and the current edition:
The date that the 17th Edition was drafted is when the RPI was applied as opposed to the date of publication. The 17th Edition was drafted from September 2021-August 2023 and the change in RPI from that time period was 22%.
Improvement of legal knowledge:
The Guidelines also hone in on improving legal knowledge among sheriffs and judges. There are various courses or workshops for them from the lower end of the scale up until high court level. The guidelines should positively impact injury cases and are supportive of fair compensation. [1]
Injuries resulting in paralysis:
An important consideration for the valuation of claims regarding paralysis are the existence and availability of media technology that can reduce the severity of the claimed injuries. If this technology can be provided then it is likely that the court will award a lower amount of damages.
Injuries as a result of sexual abuse:
The Guidelines have 4 different categories which are severe, moderate, moderately severe and severe. In comparison to the previous guidelines which did not contain the moderately severe category.
The moderate and less severe categories have the same increase of 22% which is in line with the rest of the guidelines. However, the moderately severe and severe categories have had a substantial increase of 144% regarding cases for injuries which have been caused by severe abuse.
While these guidelines are not the law, they are generally a readily used tool for all those dealing with personal injury cases. Our team of litigation specialists are well-equipped to handle a wide range of personal injury claims through expert negotiation and straightforward, clear advice tailored to your unique circumstances. We strive to build close relationships with our clients, taking the time to understand their needs and working closely with them to achieve their desired outcomes. In cases where court action is necessary, we are proactive and determined in our approach to securing fast and effective solutions. We understand that litigation can be a stressful process, which is why we make every effort to simplify it and guide you through each step in easy-to-understand language. We invite you to reach out to us today on 0141 221 1919.
[1] Judicial College Prospectus 2020-2021 (judiciary.uk)
