Hassam and another (Appellants) v Rabot and another (Respondents)
Case ID: UKSC 2023/0025
Case summary
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 ("WLI") 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 ("NWLI") which does not attract a tariff award?
Facts
This appeal arises from two claims in the County Court in Birkenhead. Both claimants were involved in road traffic accidents caused by the negligent driving of other drivers (the defendants). Both claimants suffered PSLA caused concurrently by both WLIs and NWLIs. The 2018 Act set the level of compensation payable for WLIs (including PSLA caused by WLIs) through the tariff award. Compensation for NWLIs (including PSLA caused by NWLIs) is determined by applying common law principles. The dispute centres on the approach a court should take to compensation for PSLA caused by both WLIs and NWLIs.
The County Court held that the proper approach was to: (a) determine the nature of each injury; (b) assess the compensation for each injury in accordance with the appropriate regime (the tariff award for a WLI and the common law for a NWLI); (c) add these values together and then step back to assess whether the total amount would over- or under-compensate the claimant for the total PSLA that they suffered; and (d) if appropriate, make an adjustment to the total to avoid any such over- or under-compensation. The Court of Appeal dismissed the defendants' appeal and the claimants' cross-appeal. The defendants now appeal, and the claimants cross-appeal, to the Supreme Court.
Judgment appealed
Parties
Appellant(s)
(1) Charlotte Victoria Hassam
(2) Boluwatife Laditan
Respondent(s)
(1) Yoann Samuel Rabot
(2) Matthew David Briggs
Intervener(s)
Association of Personal Injury Lawyers and Motor Accident Solicitors Society
Appeal
Justices
Lord Reed, Lord Lloyd-Jones, Lord Hamblen, Lord Burrows, Lady Rose
Hearing start date
20 February 2024
Hearing finish date
20 February 2024
| Watch hearing | ||
|---|---|---|
| 20 February 2024 | Morning session | Afternoon session |
Judgment details
Judgment date
26 March 2024
Neutral citation
[2024] UKSC 11
- Judgment (PDF)
- Press summary (PDF)
- Judgment on The National Archives (HTML version)
- Press Summary on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 26 March 2024 | Judgment summary |