A judge determining a serious injury application under s 93(4)(d) of the Transport Accident Act 1986 must analyse the medical evidence and explain why some parts lead to the ultimate conclusion and others do not; mere recitation of evidence followed by a statement of findings is inadequate. Loss of income-earning capacity and loss of career are relevant measures of the severity of a mental or behavioural disturbance or disorder under s 93(17)(c). Where the primary judge's reasons are inadequate and no credit issue arises, the Court of Appeal may re-determine the application itself rather than remit.
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