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BOOK REVIEW

JUDICIAL GUIDELINES FOR THE ASSESSMENT OF GENERAL DAMAGES IN PERSONAL INJURY CASES
16th edition

Foreword by Lady Justice Nicola Davies

ISBN 978 0 19286 762 9

OXFORD UNIVERSITY PRESS/JUDICIAL COLLEGE

www.oup.com



FUNDAMENTAL GUIDANCE FOR PI PRACTITIONERS AND JUDGES AMID THE CHANGING FRAMEWORK OF DAMAGE ASSESSMENTS IN 2020s

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


We have reviewed these guidelines from the Judicial College on many occasions. They remain a fundamental purchase for practitioners in personal injury actions as the primary source for the way damages are assessed by the court.

Do begin the book by reading the Foreword by Lady Justice Davies, and the introduction by Mrs Justice Lambert to note the changes for the sixteenth edition. The guidelines are designed to offer a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title in 1992 was regarded as a landmark in personal injury practice and remains of great assistance to all the parties these proceedings. Each succeeding edition has built upon a developing reputation for excellence, and some thirty years later the guidelines are now firmly established as essential reading for all those involved in personal injury litigation.

This new sixteenth edition for 2022 has been updated to consider rising inflation since the last edition. It has been compiled by Mrs Justice Lambert, Master Lisa Sullivan, Stuart McKechnie KC, Steven Snowden KC, and Richard Wilkinson. The contents also reflect decisions of the higher courts on quantum which will be of great assistance to both judges and counsel. There have been remarkably few reported decisions in recent years. We are fortunate that new guidance is provided in relation to the application of the tariff-based awards for general damages under the Civil Liability Act 2018 and is most welcome.

There is an excellent new section to cover sexual abuse as well as a new chapter dealing with work-related limb disorders. The Judicial College have also made efforts to identify those cases likely to fall within the new £5,000 small claims limit in certain RTA cases.

This book remains edited by a working party of the Judicial College and published by Oxford University Press. Mrs Justice Lambert remarks that the guidelines “remain a distillation of awards of damages that have been, and are being, made in the courts”

Lambert J goes on to say that “we recognise that no financial award can compensate for the physical and mental suffering”, concluding with these words about the objective of the book which is “to achieve consistency in awards of general damages recognising that this is a book of guidelines, not tramlines, and that any award made is the prerogative of the court.” An important point which practitioners always make to their clients.

The date of publication of this new paperback 16th edition from OUP is cited as 11th April 2022.