The County Court refused leave to commence proceedings for damages under s 93(4)(d) of the Transport Accident Act 1986. On the neck injury, the Court found the plaintiff failed to establish on the balance of probabilities that the 2008 accident materially contributed to his later cervical deterioration and surgery, preferring the defendant's expert evidence of gradual degenerative change over the plaintiff's experts who inadequately reasoned causation and failed to engage with a significant treatment gap from 2010 to 2021. On the psychological injury, while the Court accepted the condition was long-term and severe, the judgment appears to have been cut short before the causation analysis for the psychological claim was completed, though the application was ultimately refused. The extension of time application under s 23A of the Limitation of Actions Act 1958 was not reached given the serious injury findings.
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