Commenting on the Court of Appeal judgment handed down on 20 January 2023, Matthew Maxwell Scott, executive director of ACSO (the Association of Consumer Support Organisations), said:
"Today's judgment has been worth waiting for, above all because of the Court’s view that compensation for mixed injuries should reflect each injury. It seemed to us perverse that an injured person received less compensation for, say, a fracture or laceration, because they also suffered a whiplash injury. The Court prioritising the needs and requirements of injured people should be welcomed by all who believe in good consumer outcomes.
"The absence of judicial direction on how to compensate for mixed injuries in the Official Injury Claim portal has been a serious problem ever since it was launched more than 18 months ago. Today's judgment and the certainty it creates will therefore come as a relief to many. Looking ahead we urge both claimant and defendant representatives to work together better to improve settlement times and ensure consumers are getting the service they should.
"The government’s rationale for its reforms was partly to make the process more consumer-friendly, but the OIC has been dogged with problems, including the mixed injuries position. This inevitable issue was clearly flagged to the Ministry of Justice before implementation, but ministers chose to proceed anyway. Regardless of today's positive news, it's not acceptable that consumers and practitioners have been forced to wait until 2023 to get this important matter resolved."