The JSB Green Book – guidelines for the assessment of general damages in personal injury cases in Northern Ireland

The Judicial Studies Board for Northern Ireland has published the fifth Edition of the ‘Green Book’ following the recommendations of a Committee chaired by Lord Justice Stephens.  Access to the online version of the Guidelines for the Assessment of General Damages in Personal Injury cases is available here.

The latest edition of the Guidelines provides an increase in the figures for most injuries by around 20%. Although this is certainly a significant one-off step change, it is the inevitable result of uprating the figures in the previous edition, published in 2013, to take account of inflation since then.

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QOCS: transitional arrangements and scope examined by Court of Appeal

Qualified One-way Costs Shifting (QOCS) was introduced in April 2013 as part of Jackson reforms and is designed to protect an unsuccessful personal injury claimant from the risk of paying adverse costs. It should not operate if the claimant had a funding arrangement in place before April 2013 and it does not apply if the claim is not one for damages for personal injury. In Wagenaar v Weekend Travel in 2015 the Court of Appeal clarified that the protection afforded by QOCS was not applicable as between the main defendant and a part 20 defendant, even though the underlying accident involved personal injury. The decision on 26 February 2018 in Corstorphine v Liverpool City Council is an important re-examination of this area.

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