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14 October 2022 / Stephen Gold
Issue: 7998 / Categories: Features , Procedure & practice , Civil way , Personal injury , Tax
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Civil way: 14 October 2022

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

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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