Section 93(17) of the Transport Accident Act 1986 maintains a division between injuries with physical consequences (paragraph (a)) and those with mental consequences (paragraph (c)). Where mental disturbance or disorder is itself producing the impairment of body function, the claim must be assessed under paragraph (c), not paragraph (a). However, a mental response to a physical impairment may be taken into account in evaluating the seriousness of an impairment found to exist under paragraph (a). In cases with mixed physical and mental consequences, the appropriate paragraph is determined by reference to the dominant cause of the plaintiff's condition.
The full text is available to signed-in members, including the 149 later cases that cite this judgment.
16 of the 149 citing cases carry a classified treatment. How each court treated it is available to signed-in members.