RTA protocol transfers get easier; Social services which don’t care; Delay matrimonial transfers?; Basic and special account rises
TAXI FARE
Fairly rough justice is what you get—and are intended to get—under the protocol for low value personal injury road traffic accident claims, currently running at around 700,000 cases a year. I know because Jackson LJ told us so in Phillips v Willis [2016] EWCA Civ 401, [2016] All ER (D) 149 (Apr), and he knows because he effectively designed it and I witnessed it myself once or twice (but not when I was sitting, of course). The Court of Appeal has just stuck with this theme in second-tier appeals in Islington London Borough Council v Bourous and others [2022] EWCA Civ 1242 (in which Sir Andrew McFarlane P, possibly finding himself in the wrong place, agreed with the leading judgment). The protocol had an inexorable character and if the parties did not observe its provisions, they bore the consequences.
Two taxi drivers alleged loss resulting from their vehicles being off the road. In the first case, the claimant sought