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Mixed injury cases – Court of Appeal clarification

Important decision of the Court of Appeal in mixed injuries cases, i.e. accidents where the claimant suffered whiplash-type injuries, combined with other injuries.


Since 2021, fixed tariffs have been applied for whiplash injuries, which vary with the duration of the pain and suffering: The Whiplash Injury Regulations 2021 (legislation.gov.uk). However, the situation was somewhat vague when other injuries were associated.


The Court of Appeal has decided in its judgment of 20 January 2023 (concerning two cases: Briggs and Rabot: Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 (20 January 2023) (bailii.org)) that judges should only apply the fixed tariff to the whiplash injuries and use the common law approach to assess other damages.


This decision is a relief for claimants and will allow them, when injured in a road traffic accident, to claim 100% of their damages for the non-tariff injuries, plus the tariff for their whiplash injuries, subject to a possible discount for overlap between the two types of injuries.


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