Robert Weir, ‘What is a personal injury anyway?’

… This article focuses on the trilogy of House of Lords/Supreme Court cases in which the HL/SC have grappled with the dividing line at common law between ‘no injury’ and ‘personal injury’: Cartledge v E Jopling & Sons Ltd (‘Cartledge‘); Rothwell v Chemical & Insulating Co Ltd (‘Rothwell‘); and Dryden v Johnson Matthey Plc. The higher courts have resisted any temptation to provide a definition of actionable personal injury and I shall do the same. Instead, I set out the two-stage test which applies and make an attempt to extract from these cases a range of points which the court will want to have in mind when seeking to determine in any future case whether a person has suffered a personal injury or not …

€ (Westlaw)

Robert Weir, ‘What is a personal injury anyway?’ [2018] Journal of Personal Injury Law 263.

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