The Sixth Edition of the Judicial Studies Board (J.S.B.) Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland has now been published and is in force as of 8 April 2024. The previous edition was released in February 2019 and, since that time, Northern Ireland along with the rest of the UK has seen a significant rise in inflation.
The new version of the Green Book, on average, provides for a 20 – 25% increase against the majority of injury categories which matches the level of inflation seen since the previous edition was published over 5 years ago. Some aspects have, however, been recipients of greater increases to include hand injuries, severe psychiatric injury (namely PTSD), minor neck injuries, to name but a few.
In the Large Loss/CAT PI sphere, the new categories dealing with arguably the most serious and valuable types of injury (injuries involving paralysis and brain/head injuries) have, on average, also seen the standard 25% increase. The range for quadriplegia is now £590,000 - £870,000; the top end of the bracket seeing an increase of £170,000 which is an increase of 24% on the previous range. The valuation for “very severe brain damage” is £500,000 – £850,000; with the top end of this bracket seeing an increase of £180,000 which is almost a 27% increase on the previous range.
There is no doubt that the new edition will bring significant changes, many of which were anticipated given the inflationary climate and indications from the Judiciary over recent years. Yet in some ways there is no change:
- There has been no increase to the category “Facial Injuries: Skeletal - Fracture of nose (simple with full recovery)”, with the recommended award remaining up to £12,500.
- Perhaps most importantly the Guidelines remain, as they have always been, just guidelines, and practitioners are reminded that they are not a rigid framework to be applied mechanistically.
For the first time in the history of its publication, the new Edition of the Green Book will only be published electronically, which is a small step towards the paperless courts and modernisation of the justice system advocated by Lord Justice Gillen (as he then was) in 2017, and more recently by our Lady Chief Justice.
Key takeaways from the Sixth Edition of the Judicial Studies Board (J.S.B.) Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland:
RPI
- In the Fifth Edition of the J.S.B. Guidelines, the Committee adjusted for inflation applying the Retail Price Index (“RPI”) and factored forward for inflation, applying RPI at its then rate in July 2018, to the midline of the following five years on the basis that the guideline figures would be applicable for the entire five year period (until June 2021). This approach provided figures for the lifespan of that Edition. Thus, practitioners and judges did not have to adjust for RPI as each year passed.
- As with previous editions, the Committee have made adjustments to the figures in the Sixth Edition by reference to the RPI. However, the inflationary climate is quite different today compared to early 2019, with an overall trend of significant rise in inflationary rates from March 2021 to October 2022 with rates remaining high in March 2023, which is when the new Green Book was signed off. The overall inflationary trend since April 2023 is a slow reduction in inflation. The Committee decided to adopt a conservative approach and make no forecasts as to what inflation may be at the midpoint of the Sixth Edition. The Committee adopted RPI as applied to the Fifth Edition to the date for publication as a guide for the level of assessments with no projected calculations.
Brain injuries
- On average, there is a 25% increase to the recommended guideline figures for brain injuries.
- The valuation for “very severe brain damage” is £500,000 – £850,000; with the top end of this bracket seeing an increase of £180,000 which is almost a 27% increase on the previous range.
Injuries involving paralysis
- There is also, on average, a 25% increase in this bracket.
- The range for quadriplegia is now £590,000 - £870,000; the top end of the bracket seeing an increase of £170,000 which is an increase of 24% on the previous range.
Deafness/Tinnitus
- In some cases, the Committee have altered the structure of the categories of injury, notably, in Chapter 5B (Deafness/Tinnitus). The categories of deafness and tinnitus have now been separated as they can be mutually exclusive (whereas in the previous Edition they were grouped together).
- The introductory comments of the new Green Book do, however, note that where there is doubling up of injuries, appropriate allowance should be made.
- For severe hearing loss, there has been a significant increase in the recommended awards for this bracket, with a 116% increase from the previous guideline figures for the same injuries.
Hand/Finger injuries
- In Chapter 7I (Hand Injuries) the Committee have streamlined the categories of injury to fingers so that very specific injuries corresponding to specific fingers are now encompassed within slightly broader categories.
- As anticipated, there is a large increase in this bracket.
- There is a new injury classification within this Chapter, being: “Orthopaedic Injuries: Hand – Total / partial loss other finger”.
Psychiatric injuries
- Awards for psychiatric injuries have been at the forefront of increased awards by our Judiciary in recent years.
- The new guideline figures for Severe Post-Traumatic Stress Disorder have more than doubled, with the recommended award now being £100,000 – £250,000, as opposed to the previous £60,000 – £120,000. The new edition figures for such a category of injury represent an increase of 108% based on the recommended figures in the previous edition.
- Adjustment Disorders, one of the very commonly seen psychiatric diagnoses in Northern Ireland, are now provided for in the Green Book for the first time:
o Adjustment Disorder where a virtually full recovery is made in 12 months: Up to £10,000.
o Adjustment Disorder where a virtually full recovery is made in 12-24 months: Up to £20,000.
Minor neck injuries
- The value of minor neck injuries has increased substantially:
o There is a 40% increase to the value of minor neck injuries with symptoms lasting 1-2 years. It is now recommended that an award of up to £17,500 is appropriate.
o There is a 50% increase to the value of minor neck injuries with symptoms lasting from 6 months to one year. The value range is now up to £7,500.
o There is a 66% increase in value to the lowest bracket of minor neck injuries; being neck injuries that last up to 6 months. Such injuries can now attract awards of up to £5,000 (as opposed to the previously recommended £3,000).
- The wording of the various brackets has been updated. The lowest bracket which was previously defined as “Where a full recovery is made within a period of a few days, a few weeks or a few months”, is now “Where a full recovery is made within 6 months”. The next bracket up “…where full recovery takes place within a period of several months and a year” is now categorised as a full recovery “within a period of 6 to 12 months”. This will hopefully provide greater clarity and more certainty as to the appropriate bracket for the injury.
Minor back injuries
- Unlike minor neck injuries, minor back injuries are the recipient of the standard 25% increase across the board.
- As with neck injuries above, the wording in the various brackets has been updated.
Lung Disease
- Occupational asthma with impairment of function and quality of life has seen a 76% increase in recommended award (from £35,000 - £75,000 to now £45,000 - £140,000).
Toe injuries
- Amputation of all toes on one foot has seen a 35% increase in recommended award.
Damage to teeth
- There is a new injury classification in the damage to teeth section: “Significant, chronic, tooth pain (such as from an untreated abscess) extending over a number of years together with significant general deterioration in the overall condition of teeth. May include some bone loss and need for ongoing periodontal treatments”. This bracket provides for a wide ranging recommended award of between £15,000 – £125,000.
Damage to hair
- Damage to hair has now been broken down into three categories in the new version of the Green Book: severe, moderate, and minor.
Scarring
- Scarring been valued quite highly in recent years, with numerous high awards made by our King’s Bench Judges in particular. Such cosmetic injurie were therefore expected to be the recipients of a greater increase, but this bracket has simply been increased by 25% on average.
- The recommended award for “Facial disfigurement – very severe scarring” has increased by 26%.
Removal of distinction in level of damages based on gender
- No distinction on the level of damages for the same injury is made in the new Edition on the basis of gender. For example:
o In Chapters 6D and 8B (Reproductive System and Facial Disfigurement respectively) the distinction in the level of damages based on gender has been removed as the injuries described are equally applicable to both male and female. Previously, it was recommended that higher awards be made for females and now there is no distinction.
If you would like to discuss the detailed changes, or anything else relating to the New Edition of Northern Ireland’s Green Book, please get in touch.
Victoria McLean, Partner
Email: vmclean@keoghs.co.uk
Megan McBrien, Partner
Email: MMcBrien@keoghs.co.uk
Rachel Keenan, Partner
Emails: rkeenan@keoghs.co.uk
