The 18th edition of the Judicial College Guidelines has now been released with several updates being made relating to both the level of guideline damages as well as new aggravating factors leading to an award of damages in abuse claims.
| Category | 17th Edition | 18th Edition | Increase (approx.) |
| Severe | £109,830 – £183,050 | £129,920 – £197,440 | +£20,000 (lower), +£14,000 (upper) |
| Moderately Severe | £54,920 – £109,830 | £59,450 – £129,920 | +£4,500 to +£20,000 |
| Moderate | £25,100 – £54,920 | £27,170 – £59,450 | +£2,000 to +£4,500 |
| Less Severe | £11,870 – £25,100 | £12,850 – £27,170 | +£1,000 to +£2,000 |
The new brackets essentially reflect inflationary uplifts but there have been larger proportional increases in both the severe and moderately severe brackets. This would appear to give further recognition to the more serious cases in which there are greater psychiatric consequences and long-term effects of abuse.
The new edition also now specifically includes a new factor to be taken into account when valuing general damages, namely “whether any images have been published”, thus effectively embedding image-based abuse further into the guidelines.
The 18th edition also introduces new aggravating factors to be taken into account when assessing any additional award for injury to feelings. These include:
This change now places some emphasis on damages being awarded not just for the abuse and the consequences of the same, but any additional trauma which may be caused by the subsequent criminal and civil claim processes.
However, it is difficult to envisage circumstances in which an institutional defendant could be liable for additional damages for a perpetrator’s lack of remorse, particularly when it is only likely to be vicariously liable for the actions of that perpetrator on a no-fault basis. Further, the conduct of the litigation has always been a relevant factor in terms of potential costs consequences so defendant organisations should continue to conduct litigation appropriately and efficiently.
Finally, it is still the case that these are guidelines only and the assessment of any appropriate award is for the courts to decide.
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