The Key Points (and A warning!) when handling Scottish personal injury claims after the release in the 16th Edition of the Judicial College Guidelines – Lexology


People working in the field of personal injury should know about the release of the most recent version of the Judicial College Guidelines in April 2022.

There’s no scientifically proven method in valuing personal injury claims , but ultimately it’s the judgment of the judge of any particular instance to determine the amount of award that will be given for general damages or solatium as per Scottish terms. However, the Guidelines exist for over 30 years and are employed by both practitioners and judges for guidance to make decisions on the amount of compensation that could be awarded in any specific situation. These guidelines are supported by reviewing awards awarded by the courts in specific cases , as well as taking into consideration the worth of the money. One goal is to ensure an equivalence in all can be achieved in cases that may be different to their particular circumstances.

One of the major adjustments made from the fifteenth Edition is to alter the numbers within each bracket to reflect RPI inflation (6.56 percent). Another significant modification is the elimination from the columns (in the majority of instances) that provided the figures for damages in general, with no application of the uplift of 10% that was made by the courts in England and Wales mostly to reflect the fact that successful fees could no longer be recovered following the introduction of the Jackson reforms of 2013.


Scottish Claims

It is crucial for those dealing with Scottish claims is that in all categories, the number depicted will be 10 percent over the amount of damages applicable for Scotland A calculation is required to transform the figure that was uplifted into the prior figure. This is accomplished by multiplying the figure by 0.909. A sample is provided below to illustrate the process.

Chapter 4. 16th edition (Uplift Figures) Conversion calculation Pre-Uplift Data
Mental and Psychiatric Damage PS54,830 to PS115.730 PS54,830 x 0.909 PS49,840 up to PS105,200
(A) General Psychiatric Injury (a) Very severe PS115,730 (x 0.909)


Other modifications

The other changes are a brand new Section in Chapter 4 for Psychiatric and Psychological damage resulting from “Sexual or physical Abuse”. The change is directly rooted in the Independent Inquiry into Child Sexual Abuse. Another chapter has been included (Chapter 8) to address work-related limb Disorders including Vibration White Fingers in an effort to distinguish these injuries from orthopedic injuries (Chapter 7.). A new classification has been created (8(C)) to cover “Cold injuries” that includes freezing injuries (e.g. frostbite) as well as non-freezing injury. The changes were also introduced to chapter 6 (F) Reproductive System Female. The main focus of the chapter had was on reduction in fertility and capacity for reproduction, however the bracket is being altered to reflect diminished sexual function. and the psychological consequences of these injuries.


Summary

In the above paragraph, the guidelines only serve as guidelines, the final decision is upon the court, taking into consideration all the relevant evidence that will vary in each case. Be cautious in implementing the guidelines, particularly when there are multiple injuries, where it’s crucial to consider any potential overlaps when forming an opinion on the way in which injuries will be viewed by the judge. The cases of no two are identical and it’s essential to review prior decisions of the courts in determining what the court will likely to determine in any instance. And, most importantly in the case of those who have claims that are based in Scotland Be cautious because the pre-uplift calculations have to be done for each instance to prevent exaggerating the worth of claims within this area.