Judicial College Guidelines 16th edition – what’s new?

The Judicial College issues guidelines for Judges and legal practitioners to assist them in assessing the award of damages a claimant should receive for an injury. The Guidelines have dramatically changed since the first edition was published in 1992, 30 years ago. The Guidelines suggest upper and lower limits of compensation that could be awarded for various types of injuries. Whilst they provide consistency on compensation, each case is assessed on an individual basis. The introduction to the Guidelines gives a note of caution that ‘this is a book of guidelines, not tramlines, and any award made is the prerogative of the court’.

The Guidelines are periodically reviewed and updated, based on decisions in law, developments in medicine, science and socio-economic factors. On 11 April 2022, the 16th edition to the Guidelines was published.

What's Changed in this Edition of the Judicial College?

One significant change within the new edition, is the expansion of sub-categories for psychiatric injury. There is now a separate category for sexual abuse, with an award for severe cases in the range of £45,000 - £120,000. This new category was developed after consideration of the findings by the Independent Inquiry into Child Sexual Abuse. The category guides the approach of the courts where, in addition to physical and psychological damage, there is an element of ‘aggravated damages’. The criteria for ‘aggravated damages’ are set out in the Guidelines and reflects feelings caused by the abuse itself, by any denial of the offences and the need for the injured person to relive the abuse in court or other proceedings.

The 16th edition also includes a new category of Work-related Limb Disorders. The Guidelines already provided for some specific types of industrial diseases such as vibration white finger, hand arm vibration syndrome and upper limb disorders such as tenosynovitis. The Guidelines now include a new category on ‘cold injuries’ such frostbite, frostnip and non-freezing cold injuries leading to soft tissue nerve and vascular damage. The Guidelines consider symptoms such as continuous discomfort and pain in the cold, ability to manage symptoms by use of warm clothing and heating, whether the symptoms are to both hands and feet, and any effect on employment. The more prolonged and severe symptoms attract the higher award in the region of £32,500.

It is beneficial to claimants to see the Guidelines continuing to increase compensation for all injuries and to develop and recognise new types of injuries.