Sentences with phrase «reviewing substantial impairment»
The district court noted that courts reviewing substantial impairment «should» consider:» (i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and (iii) the permanent or long term impact, the expected permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.»
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Lord Hughes, giving the judgment of the Court, reviewed the authorities, emphasising that the question of substantial impairment required consideration of whether there had been a serious degree of impairment, and such degree was a matter for the jury.