Damages

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In tort, quantifying the extent of financial loss is a complex task for the courts. In this week’s NLJ, Ian Gascoigne, dispute resolution solicitor at LexisNexis, looks at the role played by the judge in such a case, considering caselaw and the many factors that must be taken into account.

How can the courts determine the extent of economic loss due to financial downturns in a tort claim? Ian Gascoigne discusses the challenges of striking the right balance

How can the civil law help victims of image-based sexual abuse? Zahra Awaiz-Bilal reports on a landmark decision of the High Court

The recent change to QOCS (qualified one-way costs shifting) may have tipped the balance in favour of defendants, Samuel Hayman, partner, and Tom Jenkinson, senior associate solicitor, Bolt Burdon Kemp, write in this week’s NLJ.

On the clock: in this month’s employment brief, Ian Smith discusses judges acting up, bonus bonanzas & failures to mitigate

Have the changes to the qualified one-way costs shifting regime tipped the scales too far in favour of defendants? Samuel Hayman & Tom Jenkinson examine the perilous new situation for claimants

The personal injury discount rate, which is used by judges when calculating damages, is up for its five-year review next year, writes Julian Chamberlayne, in this week’s NLJ.

Julian Chamberlayne weighs up the benefits & challenges of a single, dual or multiple personal injury discount rate

Personal injury lawyers have highlighted problems with the Official Injury Claims (OIC) portal, including a rise in the average settlement time.

Damages-based agreements (DBAs) are the seldom-used option when it comes to ‘no win no fee’ cases, but is their lack of popularity justified? In this week’s NLJ, solicitor and DBA-proponent Richard Spector, partner at Spector Constant and Williams shares his personal experience of running DBA cases.

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MOVERS & SHAKERS

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Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS

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Public Accounts Committee warn of ‘extinction’ risk for legal aid

The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned

NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

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Damages

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly