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Darryl Allen KC in the Court of Appeal in mixed injury test cases - Limited guidance from a divided Court of Appeal

20th January 2023

The Court of Appeal has today (20 January 2023) handed down its much anticipated judgment in the “mixed injury” test cases Rabot v Hassam and Briggs v Laditan [2023] EWCA Civ 19.

The question at the heart of the appeal was:

How is the court to assess damages for pain, suffering and loss of amenity (“PSLA”) where the claimant suffers a whiplash injury which comes within the scope of the 2018 Act and attracts a tariff award stipulated by the Whiplash Injury Regulations 2021… but also suffers additional injury which falls outside the scope of the 2018 Act and does not attract a tariff award?

A divided Court of Appeal, with the Master of the Rolls providing a strong dissenting judgment, has not provided the level of clarity and guidance hoped for. It is for the Supreme Court to determine whether a further appeal should proceed.

Darryl Allen KC, instructed by Andrew Parker and Joanna Folan of DAC Beachcroft, represented the Defendants and the Association of British Insurers in the Court of Appeal.

Click on these links to access the final judgment, judgment summary and news item.