16th Edition of the JC Guidelines

The 16th edition is here and it’s pink! The Judicial College Guidelines (JC) have, for the first time, introduced a subcategory specific to abuse.

Headlines from the new edition

• A considerable change in the guidelines is the new sub-category of psychiatric injury reflecting awards made to victims of sexual abuse. The JC notes that the Independent Inquiry into Child Sexual Abuse has reported on the conclusions of its Accountability and Reparations Investigation. This category can be seen in Chapter 4 of the Guidelines.
• The introduction to the guidelines highlights whiplash injuries resulting from RTAs after 31 May 2021 which now fall under a ‘statutory tariff’, implemented by part 1 of the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021.
• Notably, The JC has decided to remove figures for general damages which do not include the 10% uplift announced by the Court of Appeal in Simmons v Castle [2012], on the grounds that there are not likely to be many cases in which the pre-uplift figures will apply or be relevant.
• A revision of the approach taken to assessing damage to reproductive organs, previously in women, focused mostly on loss of fertility and reproductive capacity. The JC acknowledges that injuries leading to sexual dysfunction, loss of sexual function, and associated psychological sequelae can affect both men and women. Relevant sections can be found in Chapter 6, and places importance on factors beyond the physical aspects of loss of fertility or reproductive capacity, providing more detail than in previous editions.
• Finally, Chapter 8 of the JCG specifically covers a section for cold injuries — including non-freezing cold injuries but brackets for chronic pain in Chapter 9 may also be relevant and should be considered.