By Sean McGahan, Aine Tyrrell, Fintan Canavan & Steven Keenan
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Published 11 April 2024
On the afternoon of 8 April 2024, the latest version of the new Guidelines for the Assessment of Damages in Northern Ireland was officially published by the Judicial Studies Board for Northern Ireland. Want to know more about the recent update to damages in Northern Ireland? Don't worry, we've got you covered. Our 60-second guide breaks down the key changes you need to know.
Key Insights
The previous guidance was published in 2019 and has not been reflective of awards in the jurisdiction of Northern Ireland for some time. Therefore, the publication of the new guidance may offer more certainty around potential awards, which have been steadily increasing in the absence of revised Guidelines. A few key differences between the old and new guidance are:-
- While the modal increase is 25%, the mean average increase is 31% for minimum awards and 28% for maximum awards.
- Severe PTSD has been increased by 108%.
- Minor whiplash lasting up to a few months has increased from £3000 to £5000. Although this represents an increase of 67%, it is probably reflective of the level of awards being made by County Court judges in recent months.
- Separate categories for male and female damages in certain areas have been removed.
- Psychiatric damage has been given particular attention, and for the first time, specific consideration is given to psychiatric injury arising from sexual abuse and also adjustment disorders.
- Categories of deafness and tinnitus have been separated out to allow for individual consideration.
- The publication remains guidance, with the introduction confirming it is not a rigid framework to be applied mechanistically.
See below a link to the official publication of the guidelines: