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Guidelines for the Assessment of General Damages in Personal Injury Cases (3rd ed) by The Judicial Studies Board (Book Review) [1998] JSPL 9; (1998) 2 Journal of South Pacific Law

BOOK REVIEW

BY JENNIFER CORRIN CARE

SENIOR LECTURER
SCHOOL OF LAW
UNIVERSITY OF THE SOUTH PACIFIC
BARRISTER AND SOLICITOR

Title: Guidelines for the Assessment of General Damages in Personal Injury Cases (3rd ed.)

Author: The Judicial Studies Board

Published by: Blackstone Press Ltd, London (1996)

ISBN: 1 - 85431 - 577 - 3

pp: 51

This book deals with one of the most difficult tasks facing lawyers involved in personal injuries cases: the assessment of quantum. How can money put a victim back in the same position as s/he would have been in had the injury not been suffered? Obviously, it cannot. Given that the courts do not have the power to turn back time to before the accident in question, they must do the best they can to place a value on injuries in monetary terms.

In Longa v Solomon Taiyo [1980/81] SILR 239, Chief Justice Daly considered that, in making awards, fairness to an individual plaintiff and fairness in the eyes of the community had to be balanced with the need to be fair to plaintiffs generally. An important part of achieving this end is the need to make similar awards for comparable injuries. Approaching this task through reading reported decisions and by ploughing through the case summaries and tables in Kemp & Kemp ('The Quantum of Damages') has always been a daunting prospect. This short book, (51 pages) is designed to make the task much simpler, by setting down standard guidelines for lawyers to refer to in particular cases. Like Kemp & Kemp, it goes beyond the source of reported cases, to take account of unreported decisions. It also takes into consideration settlements drawn to the attention of the authors. This will no doubt tend to balance the picture provided by reference to reported cases only, which concentrate to some extent on unusual cases.

The book is logically and clearly presented. It is divided into the following nine sections, each dealing with a particular category of injury: injuries involving paralysis; head injuries; psychiatric damage, injuries affecting the senses; injuries to internal organs; orthopaedic injuries; facial injuries; scarring to other parts of the body; and damage to hair. Most sections are divided into different types of injury within a category, and then sub-divided into degrees of seriousness. Some sections and sub-divisions commence with a short explanatory note, pointing out particular problems and issues. Each injury covered is briefly described and followed by a range of round figures within which an award of fair compensation should normally fall.

The text was compiled for the Judicial Studies Board by a working party of eminent lawyers, under the chairmanship of Judge Roger Cox. It is intended only as a reflection of the approach by those who assess damages. It does not contain any criticism of or opinion on the awards, which could be viewed as a missed opportunity.