To what extent is judicial discretion fettered by the Personal Injuries Guidelines? When, and in what circumstances, and to what extent, may a judge depart from the Personal Injuries Guidelines?
The Court of Appeal has recently confirmed the general principles applicable to discovery applications and ‘discoverability’, and has further confirmed that in appropriate circumstances a defendant may obtain discovery of a plantiff’s post-accident records.
Where a plaintiff sustains multiple injuries, how are damages to be assessed? How is ‘uplift’ to be calculated? Is there a limit on the amount of ‘uplift’ that can be awarded?