APIL and MASS to intervene in Court of Appeal whiplash ‘mixed injuries’ test cases

The Association of Personal Injury Lawyers (APIL) and the Motor Accident Solicitors Society (MASS) have been given permission by the Court of Appeal to intervene in two test cases to help establish levels of compensation to be awarded for ‘mixed’ whiplash injuries.

New compensation tariffs were introduced for whiplash cases last year, but legislation failed to address the way damages should be calculated in cases where whiplash injuries are combined with other injuries which are not subject to a tariff.

To address this, two groups representing claimants and defendants were brought together and facilitated by the Motor Insurers Bureau to create a framework for bringing a basket of test cases direct to the Court of Appeal, with the aim of resolving the problem to ensure injured people are compensated properly. The intervention by APIL and MASS is made on behalf of the claimant group.

“Finding test cases has been extremely difficult because of ongoing and well-documented problems with the new portal which was set up to deal with low value traffic claims,” said APIL secretary Brett Dixon.

“There is a broad range of issues to be considered in mixed injury claims and the test cases which are being brought outside of the stakeholder framework have provided a very timely opportunity for us to gain clarity from the Court of Appeal about how these issues should be dealt with as quickly as possible.”

Sue Brown, chair of MASS, said “We are really pleased that the Court of Appeal has recognised the need for urgent guidance on these issues.

“Our concern, and that of the wider stakeholder group, has always been that the Court of Appeal is given the opportunity to consider the full range of scenarios that will affect those making a claim for whiplash and non-whiplash injuries. Our intervention will provide the Court with the opportunity to consider these wider points and give injured people the certainty they deserve.”

The Court of Appeal granted the request to ‘leapfrog’ the High Court in two conjoined appeals from Birkenhead County Court. The expedited appeals will be heard on either 30 November or 1 December.