Our response to Mixed Injuries - Permission to appeal

08 June 2023

In January the Court of Appeal handed down its decision in the cases of Briggs v Laditan and Rabot v Hassam to provide much needed guidance on the approach that should be adopted when valuing injuries where there is both a tariff and non-tariff element. Consequently, the MIB have made changes to the OIC Portal, which are due to go live from 14th June, to reflect the Judgment and assist claim resolution therefore reducing the need for litigation.

The Supreme Court has granted the Defendants permission to appeal. Carpenters Group are disappointed at this decision given the reforms have brought so much uncertainty already, firstly due to the pro user Portal not working for a significant amount of time requiring 30 'releases' from the MIB, and also around mixed injury settlements and behaviour. No doubt the Claimants & Interveners in the Court of Appeal case may seek permission to appeal the decision but as matters stand the industry and our clients are faced with further, on-going uncertainty that will cause delay in settlements and likely increased litigation.  This comes just over two years after the reforms went live.