Category: Claims handling · Reviewed by Simon Temme, Account Executive · Last reviewed 2026-06-11
General damages are damages for non-financial loss — pain, suffering, loss of amenity, loss of reputation, distress and inconvenience — assessed by reference to comparators rather than financial evidence.
General damages compensate for the non-financial consequences of a wrong. They are distinguished from special damages, which compensate for financial loss. In personal injury cases general damages are awarded for pain, suffering and loss of amenity (PSLA); in commercial contexts they may be awarded for distress, inconvenience or loss of reputation; in defamation they compensate for injury to reputation.
The calculation is comparative rather than computational. General damages cannot be derived from receipts or invoices; they require the judge to place the claimant on a scale of comparable cases and to fix a figure that reflects the relative seriousness of the loss.
For personal injury, the principal reference is the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases (current edition), which set out brackets for each category of injury. The Guidelines are not binding but are highly persuasive; awards regularly fall within the published brackets, with reasoning for placement within the bracket recorded in judgments.
The Court of Appeal periodically issues guideline judgments on general damages. Simmons v Castle [2012] EWCA Civ 1039 implemented the Jackson Review recommendation of a 10% uplift on general damages, applicable to claims where judgment is given after 1 April 2013. Subsequent guideline judgments have refined particular categories.
For distress and inconvenience in commercial claims, the principles are set out in cases such as Farley v Skinner [2001] UKHL 49 (general damages available where the contract has the very purpose of providing peace of mind), Watts v Morrow [1991] 1 WLR 1421 (general damages limited where the contract is not for peace of mind), and Milner v Carnival plc [2010] EWCA Civ 389 (holiday-related distress damages).
For defamation, the Defamation Act 2013 and the body of case law on defamation damages (most recently affected by Lachaux v Independent Print Ltd [2019] UKSC 27 on serious harm) govern.
For FOS-jurisdiction matters, the FOS has its own discretionary regime for distress and inconvenience awards, typically £100-£750 for minor matters, £750-£1,500 for moderate, £1,500-£5,000 for substantial, and above for severe; the FOS’s stated approach is published in its newsletters and decision database.
For PI, the calculation flows from the medical evidence. The medical expert’s report describes the injury, its severity, its prognosis and the claimant’s functional limitations. The PI specialist then maps that picture to the JC bracket: a “severe” brain injury falls in the £282,010 to £403,990 bracket (per JC 16th Edition); a “moderate” knee injury falls in the £14,840 to £26,190 bracket; and so on.
Within the bracket, the placement is driven by factors including age, prognosis, residual disability, psychological impact and the impact on the claimant’s previous activities. The judge or settling parties identify a figure with reasoning.
The 10% Jackson uplift applies on top of the bracket. Where the bracket is published with the uplift built in, the figure is used directly; where the bracket is older, the uplift is added.
For commercial distress and inconvenience, the calculation is more discretionary. Comparable cases are surveyed, and the judge fixes a figure reflecting the seriousness of the breach and the impact on the claimant. The figures are typically modest — £500 to £5,000 in most consumer-contract cases — but can reach larger figures where the impact is severe and the contract had a peace-of-mind purpose.
For defamation, the calculation reflects the seriousness of the imputation, the extent of publication, the impact on the claimant and any aggravating or mitigating features. Cairns v Modi [2012] EWCA Civ 1382 reformulated the approach in light of social media publication.
For FOS-jurisdiction matters, the figure is fixed by the ombudsman by reference to the published bands, taking into account the specific facts.
“Provisional damages” allow further general damages to be awarded if a defined future event occurs (typically further medical deterioration).
“Aggravated damages” supplement general damages where the defendant’s conduct has aggravated the loss — for example, by callous handling, failure to apologise, or wilful misconduct.
“Exemplary damages” are punitive and rare in English law; available only in defined circumstances (Rookes v Barnard [1964] AC 1129).
“Loss of congenial employment” is a sub-category sometimes added to PI general damages where the claimant has lost not just earnings but the satisfaction of a job they valued.
A 45-year-old construction worker suffers a moderate to severe back injury, with surgical intervention and 18-month recovery, leaving him with chronic mild residual pain and limited capacity for heavy work. JC bracket for severe back injuries (iii) — £30,910 to £43,660 in the 16th Edition (figures inclusive of Jackson uplift). Placement: middle of the bracket, reflecting moderate residual disability and the impact on the claimant’s manual occupation. Figure: £37,500. The claimant’s schedule places the figure within the bracket with reasoning referring to the medical report’s findings on residual disability and the impact on the claimant’s recreational activities (formerly active hiker now restricted to short walks). The defendant’s counter-schedule accepts the placement and figure. Settlement reflects the agreed general damages figure plus the negotiated special damages.
By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.
Apex Insurance Brokers serves UK professional services firms and commercial businesses. Call 0117 325 0027, email hello@apexinsurancebrokers.co.uk, or request a quotation.
Get a quote