Tariff, non-tariff or what?
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Three unreported cases provide insight into how a court might interpret the ‘new rules’ for the assessment of damages in soft tissue injury claims where there are claims for both tariff and non-tariff damages. All three cases went before the same District Judge (DJ). Although the decisions are non-binding, they do serve to put flesh on the bare bones of the question that is what a court should award for a ‘mixed’ injury.
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