The 16th edition of the Judicial College Guidelines has just been released and provide yet further evidence of the increasing cost of claims. Some brief points to highlight from the latest edition are:
- The figures reflect that as at the end of September 2021, the general increase in RPI since the last edition has been 6.56%. The figures have thus been increased but have been rounded up or down to provide sensible brackets;
- Generally speaking the changes to the brackets simply reflect the RPI increase above;
- The separate columns for awards which did not include the Simmons 10% uplift have been removed as there are likely to be very few ongoing cases to which that applies;
- A new note is included dealing with tariff-based awards for whiplash injuries, although there is still a section for minor injuries for those falling outside of that scheme;
- There is a new section under Psychiatric and Psychological Damage - Chapter 4 (C) that deals specifically with awards for sexual and physical abuse;
- There are enhanced and slightly different descriptions in Chapter 6 dealing with injuries to the reproductive systems of both males and females;
- There is a new Chapter 8 dealing with work-related limb disorders, removing them from Chapter 7 which covers orthopaedic injuries.
By way of example, in catastrophic injury cases, the top brackets for tetraplegia and very severe brain damage are now in excess of £400,000. The tetraplegia bracket goes from £304,630-£379,100 to £324,600-£403,990 and very severe brain damage from £264,650-£379,100 to £282,010-£403,990.
It is clear therefore that awards for general damages are not exempt from the claims inflation that we are seeing in other heads of loss.
