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PI Guidelines: further edition

16 December 13

A note to highlight the publication of the 12th edition of the Guidelines for the Assessment of General Damages

by David Sandison

The 12th edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases was published in August 2013 (writes David Sandison, accredited personal injury specialist and member of the Society’s Civil Justice Committee). As predicted in my note on the previous edition (Journal, December 2012, 42), it includes a 10% uplift following the decision in Simmons v Castle [2012] EWCA Civ 1039.

The new guidelines have parallel sets of tables. The first set is the updated Guidelines without taking any account of the 10% increase, reflecting the impact of inflation. The second set includes the 10% uplift recommended by Sir Rupert Jackson. Scottish courts have regularly approved the Guidelines, but the new tables will leave open the question of how to address the 10% increase.

Sheriff Principal Taylor’s report on the Review of Expenses and Funding, at chapter 9, paras 113 and 114 saw no reason to recommend any general increase in the level of awards of damages for personal injury in Scotland in light of his proposals.

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