Letters to the editor
General damages for mesothelioma
Sir,
The 13th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published in late September this year. As ever, it is an invaluable reference for all practitioners working in this area. It effects an inflation-based adjustment to previous guidelines and raises interesting ideas for future editions; for example, the prospect of eliminating gender when compensating for cosmetic scarring.
For the second time, the guidelines include two columns of figures. These cover awards in cases that pre-date part 2 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 and in those that are subject to the Act. The latter category of case secures a 10 per cent increase in general damages, following Simmons v Castle [2012] EWCA Civ 1288.
Mesothelioma claims are not currently subject to part 2 of the 2012 Act. General damages in these claims should not therefore attract the 10 per cent increase. It may be an oversight that two columns of figures are nonetheless provided for these claims, at chapter 6(C)(a) of the new edition for mesothelioma.
We are concerned that this could inadvertently create a misplaced expectation about the levels of general damages in these claims. The additional 10 per cent award will not be available until part 2 of the Act has been commenced for mesothelioma claims.
The points above are made as a matter of technical rigour and should not in any way be taken as indicative of lack of recognition of either the horrific nature of mesothelioma or of the pressing need to improve the overall claims process for sufferers and their families.
Yours,
Nick Pargeter
Partner and head of occupational disease at BLM @BLM_Law
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