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03 February 2023 / Stephen Gold
Issue: 8011 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 3 February 2023

Insurers lashed by whipping; special account up; mousing to midnight; equity demands detriment; truth in the CoP; posties deemed to work; words to take your heart away

MIXED INJURIES, MIXED JUDGMENTS

At last. The Court of Appeal has spoken—two tongues to one—on the construction of s 3 of the Civil Liability Act 2018 (CLA 2018) (see ‘Civil way’, 171 NLJ 7924, p15). The question raised by the leapfrogged appeals in Hassam and another v Rabot and another [2023] EWCA Civ 19 was how the court was to assess damages for pain, suffering and loss of amenity (PSLA) where the claimant suffers a whiplash caught by a tariff but also suffers additional injury which falls outside the scope of CLA 2018 and does not attract a tariff award.

The majority answer, adopting the claimants’ secondary case (with another win for Benjamin Williams KC) was that the court should assess the tariff award by reference to the Whiplash Injury Regulations 2021 (SI 2021/642); assess the award for non-tariff injuries on common law principles; and then ‘step back’ in order to carry

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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