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Civil way: 3 May 2024

PI damages up; Tribunal responses; Family dress; Luba got it right

AVOID DAMAGE

The 17th edition of the Judicial College’s guidelines on the assessment of general damages in personal injury cases is about to hit those bookstalls that litigators frequent. But avoid a negligence claim by NOW revisiting the guidelines of two years ago. This latest edition uplifts figures by reference, as usual, to the retail prices index (RPI) and the index figure of 376.6 for August 2023. Claimant negotiators should avoid a negligence claim by increasing guidelines further for inflation between August 2023 and assessment, as defendant negotiators may curse. Last time a new sub-category of psychiatric injury to cover awards made to victims of sexual abuse was included. Adjustments have now been made to the brackets for these injuries as well as the figures within the range. It is made clear that any challenge to use of the RPI as against the consumer prices index must be made in the courts. Over to you.

The publication misses out on the Supreme Court’s upholding of the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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