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