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Increase to damages for sexual and physical abuse - Judicial College Guidelines 18th edition

The Judicial College Guidelines 18th edition has been published and as expected there are inflationary changes across the board, including for damages where there has been sexual or physical abuse.  All categories have increased by around 8% so the lowest figure is now £12,850 and the highest figure is £197,440. However the top of the moderately severe and the bottom of the severe categories have seen a greater percentage increase of circa 18%. A summary of the changes are set out in the table below. 

 17th edition18th edition
Severe£109,830 to £183,050£129,920 to £197,440
Moderately Severe£54,920 to £109,830£59,450 to £129,920
Moderate£25,100 to £54,920£27,170 to £59,450
Less Severe£11,870 to £25,100£12,850 to £27,170

 

In cases for sexual and physical abuse regard is made to the nature and length of psychiatric illness and the impact on the claimant’s ability to cope with education, work and to sustain personal and sexual relationships. A factor has been added to take account of whether any images have been published.  Furthermore, additional aggravating features to be considered have been included as follows:

  • the claimant’s age at the time of the abuse;
  • the perpetrator's lack of remorse; and
  • the conduct of the litigation, including conduct such as refusing to engage with the injured party's legal representative, failing to respond to correspondence, and culpable failure to make timeous payment of any interim payments ordered.

 

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uk & europe, abuse, abuse and neglect, casualty, disease, education, employer and public liability, insurance & reinsurance, local authority, reinsurance