In England and Wales a key reference point for calculating personal injury claims is the Judicial College Guidelines.
For the jurisdiction of Northern Ireland it has been ‘The Green Book’ since 1996.
The most recent 6th edition was published in April 2024 and represents some quite big changes for both Claimants and Defendants. Suggested awards were expected to increase as there had been no new publication for five years.
The latest edition provides clearer recovery periods as previously they were a little vague and open to interpretation i.e. ‘a few weeks’ or ‘several months’.
Whiplash Claims
Unlike England and Wales, where the Civil Liability Act 2018 brought in significant reductions in compensation for these injuries via tariffs for injuries of two years and less, we can see very high awards in Northern Ireland.
Minor ‘whiplash’ claims with a recovery period of up to six months can attract awards of up to £5000, an increase of 67% from the last recommended figures. Six to twelve months see awards increase to £7500. For one to two years the award can be up to £17,500.
The above figures are for neck pain. If we are to include back injuries for the same durations, we have a figure of up to £22,500 for six to twenty-four months.
Psychiatric injuries
For both general psychiatric injuries and the more specific PTSD (Post Traumatic Stress Disorder) large increases are reported. Minor psychiatric injuries can be awarded up to £20,000 (an increase of 33%) and minor PTSD up to £33,000, (54% increase).
It is highlighted that the figures in the Green Book are for guidance only and each case must be taken on its own merits. There is still some discretion for Judges, legal practitioners, insurers and compensators.
It does however provide much more clarity for those dealing with such claims and will hopefully ensure the compensation process can run more efficiently.
Nick Lavelle/ Managing Director Coris UK