It has been reported that insurers have sought permission to appeal the recent Court of Appeal ruling on mixed injury claims in the Official Injury Claim portal, to the Supreme Court.

Matthew Maxwell Scott of the Association of Consumer Support Organisations stated that it “was unfortunate that the insurance industry had chosen to go down this route”.

In January 2023 the Court of Appeal held that non-tariff injury damages should be dealt with separately from the tariff damages.

Although the Court of Appeal refused permission to appeal, the fact that the Master of the Rolls, Sir Geoffrey Vos dissented may have provided the defendants in Hassam & Anor v Rabot & Anor with some hope that they will succeed in their application.

Many of the mixed claims in the OIC portal have been stayed pending the resolution of this issue, and whilst most will have hoped that the Court of Appeal decision would have brought uncertainty on how to value mixed claims to an end, if permission is granted to appeal then it is likely that damages payments will be delayed for many more months.  

Here at Box Legal we have competitively priced ATE insurance policies available for all types of personal injury claims.

The number and variety of cases we arrange cover for is always increasing and so please contact us to discuss any after the event insurance requirements. We are happy to discuss and develop ATE insurance for case types we do not already insure.

If you would like to speak to us or obtain further information then please call on 0870 766 997, or email info@boxlegal.co.uk