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Guidelines for the Assessment of General Damages in Personal Injury Cases, by Judicial College
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The Guidelines for the Assessment of General Damages 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 continues to include an additional column of figures indicating 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.
As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book.
- Sales Rank: #121171 in Books
- Published on: 2015-11-17
- Original language: English
- Number of items: 1
- Dimensions: 6.00" h x .30" w x 8.70" l, .0 pounds
- Binding: Paperback
- 112 pages
Review
"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
About the Author
Judicial College
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Latest Guidelines....
By Phillip Taylor MBE
GENERAL DAMAGES FOR PERSONAL INJURY:
THE LATEST GUIDELINES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Is it possible to assess another’s pain? And can a price be put on that pain, or suffering, or loss of amenity by way of compensation? Having perplexed generations of judges in particular, the answers to these questions are obviously going to be qualified or guarded. Help, however, is fortunately to hand in this long-established and highly regarded publication from the Judicial College via the Oxford University Press.
From its first edition in 1992 to this latest thirteenth edition, the aim of this book is to provide judges and practitioners with authoritative and reliable guidelines on fair and equitable compensation for virtually the full spectrum of personal injuries. This it has done -- and this it continues to do.
As the Chairman of the editorial committee presiding over this new edition, Mr Justice Longstaff notes in the introduction that ‘the approach since the first edition of these Guidelines … has been to reflect and categorise the awards (that) courts were actually making as to where the members of the committee felt they ought to be.’
This, he adds ‘remains the prerogative of the courts.’ He therefore urges readers to remember that ‘this is a book of guidelines, not of tramlines.’ The result nonetheless, is the presentation within a clear, precise format, of a framework by which damages in personal injury cases can be logically assessed based primarily on previous judgments, although it is pointed out that no two cases can ever be alike.
The figures updated for this new edition reflect the awards made by the courts in 2013, plus increases that reflect the pace of inflation since then, at a rate of 3.4%, to include the decisions of the higher courts on quantum. These figures incorporate the 10% uplift in general damages recommended by Sir Rupert Jackson and are presented in emboldened type. The “pre-uplift” figures, by way of comparison, are listed in plain text.
There is a considerable amount of new material in this new edition. For example, head injuries, as distinct from brain injuries, are discussed in chapter three and there is increased emphasis on such areas as minor injuries, ectopic pregnancy and mental anguish.
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.
The publication date is cited as 2015.
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