Damages in Noise-induced Hearing Loss claims: Judicial College Guidelines, 18th Edition

The 18th edition of the Judicial College Guidelines (JCG), published in April 2026, is an important update for anyone dealing with personal injury claims, including Noise-induced Hearing Loss (NIHL). While the structure of the Guidelines remains familiar, there are several key changes that affect how NIHL claims are valued.

Key Updates in the 18th Edition

1. General Increase in Compensation Levels

The most significant change is an inflationary uplift of around 8.2 – 8.3%, based on the Retail Prices Index (RPI) up to August 2025. 

For NIHL claims, this means that all hearing loss brackets have increased in value. In practical terms:

• all NIHL brackets are now higher than under the 17th edition, therefore we can expect higher awards claimed than under the 17th edition;
• valuations should still consider additional inflation after August 2025, where appropriate; and
• historic reserves based on the older edition may need to be reconsidered.

2. Continued Use of RPI (and its Limitations)

The Guidelines continue to rely on RPI as the measure of inflation, despite ongoing debate about whether it is the most accurate index. 

3. No Structural Change to NIHL Categories

Unlike areas such as abuse (which saw notable revisions), NIHL categories themselves remain structurally unchanged in the 18th edition.

However, the uplift means that:

• existing NIHL brackets (mild, moderate, severe hearing loss, with or without tinnitus) are simply increased in monetary terms; and
• the same medical and factual considerations apply when placing claims within the brackets.

4. Emphasis on Judicial Discretion

The 18th edition reinforces that the Guidelines are only a guide, not a fixed tariff. For NIHL claims, this means:

• awards can vary significantly depending on: expert medical evidence, occupational impact, and social and psychological effects; and
• courts may depart from the bracket where justified

Practical Impact on NIHL Claims

In short, the impact of the updated guidelines will be higher valuations. All NIHL claims will generally see an increase in value due to the inflation uplift.

Because NIHL brackets are unchanged, the quality of medical evidence remains the most important factor in determining where a claim falls within a bracket. With the increase in valuation, the correct categorisation of severity is now even more critical. Even small shifts between mild and moderate categories now carry greater financial impact.

It is important to note that the cases which form the basis of these brackets were decided before advances in medical science, such as cochlear implants, which can in some cases restore total deafness to almost full hearing when worn.

Finally, it is still the case that these are guidelines only and the assessment of any appropriate award is for the courts to decide. As established in the recent case of David Abbott v Ministry of Defence [2026] EWHC 941 (KB), when making awards for PSLA the court will consider the JC Guidelines as a starting point but also take account of the functional impact, tinnitus, age and duration of the disability. While the decibel NIHL loss is important, it is not decisive.

Comparison of Hearing Loss Awards (17th vs 18th Edition JC Guidelines)