A jury's assessment of general damages for pain and suffering will not be disturbed on appeal where, on the evidence most favourable to the respondent, the assessment was reasonably open, even if the appellate court might have awarded more. A single inflammatory characterisation of the opposing party's damages claim (here, 'ludicrously excessive') that is promptly withdrawn and addressed in the judge's charge will not constitute a substantial miscarriage of justice, particularly where it does not allege collusion or attack the bona fides of the party.
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