Mixed Injury Outcome

On 16th January, we shared that the Court of Appeal had included the cases of Rabot-v-Hassam and Briggs-v-Laditan in the court listings and that judgments were scheduled to be delivered Friday 20th January 2023.

That has since happened and in a split decision, with the Master of the Rolls dissenting, the market has now been provided with guidance from the Court of Appeal, stating that when assessing damages in a mixed injury claim one should:

• Assess the tariff award by reference to the Regulations;
• Assess the award for non-tariff injuries on common law principles; and
• “Step back” in order to carry out any necessary adjustment so as to avoid any possible over-compensation

The detailed judgement is now available here and a summary by DAC Beachcroft (the solicitors acting for the ABI) can also be found here.