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Civil way: 3 February 2023

03 February 2023 / Stephen Gold
Issue: 8011 / Categories: Features , Procedure & practice , Civil way , CPR
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Insurers lashed by whipping; special account up; mousing to midnight; equity demands detriment; truth in the CoP; posties deemed to work; words to take your heart away

MIXED INJURIES, MIXED JUDGMENTS

At last. The Court of Appeal has spoken—two tongues to one—on the construction of s 3 of the Civil Liability Act 2018 (CLA 2018) (see ‘Civil way’, 171 NLJ 7924, p15). The question raised by the leapfrogged appeals in Hassam and another v Rabot and another [2023] EWCA Civ 19 was how the court was to assess damages for pain, suffering and loss of amenity (PSLA) where the claimant suffers a whiplash caught by a tariff but also suffers additional injury which falls outside the scope of CLA 2018 and does not attract a tariff award.

The majority answer, adopting the claimants’ secondary case (with another win for Benjamin Williams KC) was that the court should assess the tariff award by reference to the Whiplash Injury Regulations 2021 (SI 2021/642); assess the award for non-tariff injuries on common

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NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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