A claim for false imprisonment that includes damages for deprivation of liberty and loss of dignity is not a claim for 'personal injury damages' under s 338 of the Legal Profession Act 2004 (NSW). Where such a claim is included in a mixed claim and is not severable, the costs cap does not apply to the entire claim. Following Cross v Certain Lloyds Underwriters, the costs cap also does not apply to personal injury damages resulting from intentional acts within s 3B(1)(a) of the Civil Liability Act 2002, though two of the three judges in this case expressed the tentative view that Cross was incorrectly decided on this point.
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