Judicial College Guidelines (18th Edition)

The latest edition of the Judicial College Guidelines ("JC Guidelines") has now been published. Here, we consider what the new edition means in practice for valuing personal injury claims involving psychological harm, particularly where there are allegations of sexual and/or physical abuse.

Practical considerations for all personal injury claims

The 18th edition of the JC Guidelines marks the latest update in the assessment of damages since the previous release two years ago. As expected, there are significant uplifts to reflect increases in the Retail Price Index (RPI), the measure currently used to adjust inflation on personal injury damages.

The guidelines acknowledge the use of August 2025's RPI All Items Index at 407.7. At the time of writing the Office for National Statistics (ONS) records the index at 408.2 (release date: 25 March 2026). Although the JC Guidelines will heavily influence any judge's assessment of damages in any personal injury claim, it remains open to the judge to adjust the award further to reflect inflation at the time the award is made, ensuring a claimant is adequately compensated.

For any reserve or offer, it may therefore be prudent to check the current RPI on the ONS website and adjust accordingly. It is important to emphasise that the JC Guidelines are just that: guidelines, not a ceiling as to the measure of damages a claimant may receive.

The past few editions have been released every other April (using the previous August's RPI). For cases unlikely to be tried before the next edition, it may be sensible to adjust any damages reserve or offer further now, using a projected April 2028 RPI of 441.4.

For example, if your current reserve for damages is £100,000, this may be based on the outdated August 2023 RPI of 376.6 as per the 17th edition of the guidelines. It therefore should be adjusted as follows:

TO REFLECT INFLATION AS AT THE DATE OF THIS ARTICLE

£100,000 x (408.2 ÷ 376.6) = £108,390.87

OR

ASSUMING A TRIAL ON OR BEFORE APRIL 2028 (BASED ON PROJECTED RPI)

£100,000 x (441.4 ÷ 376.6) = £117,206.59

All guideline figures already include the 10% uplift applied by the courts post-Simmons v Castle (2012). Where your reserve or offer relies on case law predating 1 April 2013, you will need to factor in not just the current RPI, but the additional 10% uplift.

Chapter 4(A) Psychiatric Damage Generally

The updates to Chapter 4(A) are not too dissimilar to those in the 17th edition. When valuing damages, consideration will be given to the claimant's ability to cope with life, education and work; the effect on relationships; prognosis and treatment prospects; future vulnerability; and whether medical help has been sought.

Awards fall into the following categories:

• Severe - £72,550 to £152,900 - Marked problems across the criteria above, with a very poor prognosis.
  
  
• Moderately severe - £25,190 to £72,440 - Significant ongoing difficulties, but with a more optimistic prognosis. Cases of work-related stress preventing a return to comparable employment fall within this bracket.
  
  
• Moderate - £7,740 to £25,190 - Symptoms will have caused difficulties with the criteria above, but there will be a marked improvement by trial and the prognosis will be good.
  
  
• Less severe - £2,040 to £7,740 - Awards depend on the duration of symptoms and their impact on daily activities and sleep. Minor psychiatric injuries accompanying minor physical symptoms may be assessed with reference to Chapter 14 (Minor Injuries).

If using these figures (which reflect the August 2025 RPI) for any reserve or offer, you may wish to adjust for inflation as illustrated in the equations above.

Chapter 4(B) Post-traumatic Stress Disorder

The JC Guidelines rely on the diagnostic criteria in the fourth and fifth editions of the Diagnostic and Statistical Manual of Mental Disorders ("DSM"), however, in practice, the courts will accept the International Classification of Diseases ("ICD") definition, which is somewhat broader. ICD-11 additionally recognises complex post-traumatic stress disorder ("C-PTSD").

Courts will be guided by the following categories:

• Severe - £79,080 to £133,000 - The claimant may be unable to work at all and will struggle to function at their pre-trauma level.
  
  
• Moderately severe - £30,580 to £79,080 - Claimants in this bracket will experience some recovery with professional help, but the effects of the disorder will cause a disability for the foreseeable future.
  
  
• Moderate - £10,810 to £30,580 - The claimant will have largely recovered and any continuing symptoms will not be grossly disabling.
  
  
• Less severe - £5,220 to £10,810 - A virtually full recovery will have been made within one to two years, with only minor residual symptoms.

Again, if using these figures (which reflect the August 2025 RPI), you may wish to adjust for inflation as illustrated earlier.

Chapter 4(C) Sexual and/or Physical Abuse

Abuse can take many forms and can occur as a single incident or over a prolonged period. The JC Guidelines also recognise the harm caused by image-based abuse.

The categories in Chapter 4(C) are intended to compensate not only for the physical and emotional harm caused by sexual or physical abuse, but also for the indignity, mental suffering, humiliation, distress and anger experienced. The guidelines qualify this as injury to feelings, although some courts in the past have treated this element as a separate aggravated damages award. The brackets represent the total award for physical and psychiatric injuries, including injury to feelings.

When assessing general damages and pure psychiatric injury, the courts will consider the nature, severity and duration of the abuse; any physical injury; the impact on the claimant's life including education, work and relationships; the abuse of trust; whether any images were published; treatment and its likelihood of success; future vulnerability and the prognosis.

Where aggravating features justify an additional sum for injury to feelings (already provided for in the brackets), the JC Guidelines anticipate a range of £19,820 to £33,030. If there is limited or no injury to feelings, practitioners may wish to deduct some or all of this amount from the proposed total damages.

When determining the appropriateness of an injury to feelings award, relevant factors include: the nature of the abuse; the claimant's age at the time; the level of abuse of trust; any manipulation to suppress reporting and/or any attempt to shift blame; any lack of remorse from the perpetrator; the need for the claimant to give evidence in any proceedings or other investigation; the conduct of litigation, including non-cooperative behaviours from the defendant's representative or a failure to make interim payments on time.

Whilst all abuse is serious, the guidelines differentiate as follows (figures include injury to feelings):

• Severe - £129,920 to £197,440 - These cases involve serious abuse over a prolonged period and severe or moderately severe and prolonged psychiatric injury. There may be elements of false imprisonment.
  
  
• Moderately severe - £59,450 to £129,920 - Serious abuse and/or severe or moderately severe and prolonged psychiatric injury. Where the prognosis is good, awards will fall at the lower end.
  
  
• Moderate - £27,170 to £59,450 - This bracket is appropriate where the abuse was less serious and prolonged and the psychological reaction is less severe. This bracket also includes cases where the abuse was serious, but the psychological impact is limited and either resolved or has a good prognosis. Some aggravating features may be present.
  
  
• Less severe - £12,850 to £27,170 - This category is appropriate where the abuse is less serious than the moderate category, and the psychological effects are mild or resolve quickly and the prognosis is very good with treatment. There will be few, if any, aggravating features.

Where extreme physical harm has been inflicted, such as injuries requiring surgery, these sums alone may not be adequate. The relevant chapter(s) on physical injury should be consulted, and a deduction may be required to avoid "double counting".

Again, if using figures from the guidelines (which reflect the August 2025 RPI), you may wish to adjust for inflation as illustrated above.

The 18th edition of the JC Guidelines can be purchased from Oxford University Press here.

Practical tips

• Review reserves and offers already made. Consider whether increased offers, particularly Part 36 offers, should be made to afford maximum protection.
  
  
• Respond promptly to correspondence and ensure interim payments are made on time. The guidelines now recognise the potential for further traumatisation caused by delays or obstructive conduct.
  
  
• Narrow the issues wherever possible. Even where claims are defended, correspondence should remain compassionate and appropriate in tone. It is possible to acknowledge a claimant's perspective without making an admission.
  
  
• Adopt a collaborative approach with opponents. This remains in your client's or your insured's best interests, even where acting for the alleged perpetrator.
  
  
• Consider offering a therapy fund, unless prohibited by the police due to any ongoing investigation, or prejudicial to an alleged perpetrator's position. This may support the claimant's recovery and reduce the need for a higher award.
  
  
• Assess whether an apology is appropriate. If so, approach the claimant's representatives to query whether it would be welcome. Any apology made should be sincere and acknowledge the harm caused.
  
  
• Check your insurance policies or speak with your broker to determine whether you have cover for any injury to feelings claim and/or whether there are any exclusion clauses that apply.

How we can help

If you would like assistance with any of the issues featured in this article, please contact us. We can assist with the appropriate assessment of damages, assist you with negotiations, or devise a strategy that best protects your organisation. We have extensive experience designing, facilitating and operating compensation schemes and therapy funds.

The information in this article is correct at the time of writing. It is intended as general guidance and should not be treated as legal advice. Every case turns on its own facts, and tailored advice should be sought before taking any action.