April 2024 saw the release of the Sixth edition of The Judicial Studies Board for Northern Ireland 'Guidelines for the Assessment of Damages in Personal Injury Cases' otherwise known locally as the 'New Green Book (NCB)' (a name was derived from the bright green coloured cover of the paper copy of the old book carried by local barristers).
Whilst releasing the publication online helps reduce our impact on the environment, the term 'reduce' is not what comes to mind when reviewing the content of the new guide. Significant increases were predicted across all areas and the NCB certainly lived up to the hype in this respect.
A minor neck injury lasting up to 6 months previously had a value of up to £3,000 according to the old edition. The new guidance suggests this is now worth up to £5,000. Similarly, while a back injury lasting up to 6 months could attract and award of up to £4,000 last year, the new guide suggests is also now worth up to £5000.
Psychiatric upset features heavily in Northern Ireland cases and over the past two years, courts have been making significant awards for injuries in this area. It came as no surprise therefore that the NCB saw guidance for awards for psychiatric upset increase significantly. The most common prognosis we encounter is Adjustment Disorder. The recent edition contains a brand new category specifically for this diagnosis outlining that in cases of adjustment disorder where recovery occurs within 12 months, the range is up to £10,000. A worrying trend is the increase in the number of cases with a PTSD diagnosis especially with the NCB now suggesting awards for up to £20,000 for even minor PTSD.
Another area significantly affected by the new guide is that of scarring. The current edition makes no distinction between male and female facial scarring whereas in the old guide female facial scarring was valued at a higher amount than male facial scarring. The current Green book suggests for example a range of up to £45,000 for scarring which is not of great significance.
What can insurers do?
- Make sure your reserves are accurate and up to date as per the new guide
- Ask the Plaintiff's representatives for details of all injuries at the outset
- Regularly chase updates on the medical position
- Secure consultant psychiatrist appointments at the earliest stage and especially in cases where PTSD is diagnosed
- Bear in mind that KYO is vital in NI
On the horizon
- The proposed increase in the value of the County Court to £60,000 from £30,000 will be a welcome development in terms of keeping costs to a minimum and ensuring cases progress more efficiently. This was agreed some time ago but has not yet been implemented.
- Will the increase in the value of damages cause insurers to look more carefully for cases that can be challenged on the basis of fraud?
