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09 November 2012
Issue: 7537 / Categories: Features , Civil way , Procedure & practice
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Civil way: 9 November 2012

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The latest on PI damages & the interview of a lifetime

IN GENERAL

More answers to questions (or the penny but not the bun)

Well, you can’t accuse the Association of British Insurers of lacking guts. Through Derek Castle (who is in danger of becoming a cult figure) in Simmons v Castle [2012] EWCA Civ 1288 it went before the Lord Chief Justice, Master of the Rolls and Vice-President of the Court of Appeal (Civil) and most respectfully asked them to reconsider what they decreed a few weeks earlier in Simmons v Castle [2012] EWCA Civ 1288 (see NLJ, 14 September 2012, p1154). Those claimants whose conditional fee agreements were made before 1 April 2013 and so would be able to recover their success fees from the defendant, asserted the Association, should not also qualify for the 10% increase in personal injury generals: double jeopardy for the insurers. And the powerfully constituted Court of Appeal agreed. So it is that claimants will now be unable to score an extra 10% when the award is made on or after 1 April 2013

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MOVERS & SHAKERS

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Sponsored by
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
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Legal notice: Notice under the Trustee Act 1925

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
Emergency lawyers on call as international regulatory actions soar
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
NLJ this week: Employment law’s fine margins
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
NLJ this week: Promises broken on non-molestation orders?
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
NLJ this week: Assisted dying under the legal microscope
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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