The Supreme Court is this week to hear arguments over what the correct levels of compensation in mixed injury claims should be.

“Mixed injuries” was a phase used to describe claims that involved multiple injuries, rather than a single injury and which caused much debate in the personal injury world.

In the case of Rabot v Hassam and Briggs v Laditan, judges are due to rule on what damages should be awarded where claimants’ injuries involve both injuries subject to a fixed tariff and those that are not.

The Association of British Insurers is representing the interests of the defendants while the Association of Personal Injury Lawyers and Motor Accidents Solicitors Society are supporting claimants.

Previously a majority in the Court of Appeal had backed valuing both injuries separately and then reducing the total to take into account of any overlap of the non-tariff element with that already compensated for within the tariff for pain, suffering and loss of amenity.

With, Master of the Rolls, Sir Geoffrey Vos dissenting the Supreme Court granted the insurance industry permission to appeal.

The defendants have argued that all claims for Pain, Suffering and Loss of Amenity (PSLA) common to both the tariff and non-tariff injuries should be treated as fully compensated for by the tariff award.

The Court of Appeals decision, which is  unpopular with insurers, had provided  clear and sensible guidance and those acting for claimants must be hoping that the Supreme Court will uphold it, in order to allow these claims to be settled without any further delay.

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