Hassam and another (Appellants) v Rabot and another (Respondents) (2024)
Hassam and another (Appellants) v Rabot and another (Respondents) (2024)
Background
This appeal arises from two claims in the County Court in Birkenhead. Both claimants were involved in road traffic accidents caused by negligent defendant drivers. Both claimants experienced Pain, Suffering and Loss of Amenity (“PSLA”) caused concurrently by both whiplash injuries and non-whiplash injuries. The dispute centred on the approach a court should take to compensation for PSLA caused by both whiplash injuries and non-whiplash injuries.
The Issues
How should a court assess damages for pain, suffering and loss of amenity ("PSLA") in the tort of negligence, where the claimant suffered PSLA caused by both: (a) a whiplash injury which comes within the scope of the Civil Liability Act 2018 (the "2018 Act") and therefore attracts a fixed "tariff award"; and (b) a non-whiplash injury which does not attract a tariff award?
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