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Guidelines for the Assessment of General Damages in Personal Injury Cases

Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases

By (author) Judicial College
Format: Paperback / softback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 4th Dec 2019
Dimensions: w 138mm h 223mm d 15mm
Weight: 250g
ISBN-10: 019885093X
ISBN-13: 9780198850939
Barcode No: 9780198850939
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Synopsis
The Guidelines for the Assessment of General Damages in Personal Injury Cases are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has been fully updated to take into account inflation since the last edition as well as reflect decisions of the higher courts on quantum. It also retains the column of figures appropriate to those few remaining claims, still coming before the courts, in which the 10% uplift in general damages recommended by Sir Rupert Jackson and endorsed by the Court of Appeal in Simmons v Castle [2012] EWCA Civ 1288 does not apply. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book.

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Feb 17th 2020, 21:08
New edition
Awesome - 10 out of 10
WHAT PRICE PAIN AND SUFFERING?
NOTE THE JUDICIAL GUIDELINES FOR ALL THOSE INVOLVED IN PERSONAL INJURY ACTIONS

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

One of the most common and assuredly the most difficult tasks in cases of personal injury is the assessment of damages. How does one assign a monetary value which will compensate those who have suffered pain, or loss of life amenities resulting from personal injury? Because every case is different, there are no rules as such, but there are guidelines, notably set out in this indispensable guide from the Judicial College published by the Oxford University Press (OUP).

This is the fifteenth and latest edition of this slim paperback volume which, since the first edition was published in 1992, has become a must-have and vital tool for anyone involved professionally in personal injury cases. As pointed out by Christina Lambert in the introduction to this guide, its erudite and energetic editorial team have ‘undertaken all the hard work of reviewing relevant reported decisions’ which means that in most cases, you won’t have to.

What the guide intends — and has always intended to do, was summarised by Lord Donaldson of Lymington in his foreword to the first edition. What the book does admirably, he says is to ‘distil the conventional wisdom contained in the reported cases to supplement it from the collective experience of the working party and to present the result in a convenient, logical and coherent form.’ The coherence, logic and convenience of this book have made it accessible to litigants in person on as well as practitioners.

A particular feature of the guide is that it places virtually the full range of personal injuries under convenient categories, from injuries resulting in paralysis, or death, to brain and head injury… psychiatric and psychological damage… injuries affecting the senses… injuries to internal organs… orthopaedic injuries… facial injuries… and chronic pain.

Also covered are minor injuries, scarring and damage to hair, as well as dermatitis and other skin conditions. There is additionally a guidance note on assessing damages for multiple injuries and another note on the 10% uplift which is applied to many cases.

As for the amounts of damages themselves, it is noted that the figures stated in this volume have been adjusted to reflect the effects of inflation namely increases in the RPI from May 2019 to June 2019.

Other important changes discussed in this new edition include the government’s reform programme on whiplash. It is also stated that the practical effects of the new damages tariff scheme will be a matter for judicial determination.

Edited by a working party of the Judicial College, this book is essential reading for all practitioners and parties involved in personal injury cases.

The date of publication of this paperback fifteenth edition from Oxford University Press is stated as at 4th December 2019.
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Review from previous edition Reviews from previous edition - As all judges involved in hearing personal injury cases will automatically receive a copy of this book, it would seem obvious that no personal injury lawyer should be without it. Certainly for anyone professionally involved in calculating quantum, the purchase of this slim and succinct volume should be considered a necessity. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers * The work has become essential for practitioners and now I would not dream of advising on a personal injury matter without referring to the JSB Guidelines first. * Middlesex Law Society: The Bill of Middlesex * You and your practice need this guide if you are involved in any aspect of personal injury work. We hope that other suitable guides will be published by the Judicial College and OUP in the future (for instance, online courts) because they make our working lives much easier as practitioners and they are a boon for unrepresented parties as well. * Elizabeth Taylor & Phillip Taylor MBE, Richmond Green Chambers *