Damages

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Has the delicate balance put in place by Lord Justice Jackson toppled over? David Bailey-Vella reports on the new landscape for qualified one-way costs shifting

MPs have begun an inquiry into whether whiplash claims are being processed effectively following a series of reforms.

Personal injury lawyers have welcomed aspects of a landmark Court of Appeal decision on mixed injury cases, although some warned it could create ‘more uncertainty’.

The Ministry of Justice (MoJ) has announced that they are seeking evidence for a paper exploring how a dual or multiple personal injury discount rate system might work and what the possible effects on claimants and defendants might be.

HM Courts & Tribunals Service (HMCTS) has published fact sheets on the progress it has made in two civil court projects around the Damages Claims Portal (DCP) and the Online Civil Money Claims (OCMC) service. This is part of HMCTS’s programme to modernise the courts and tribunals system to improve accessibility and efficiency.

The Civil Procedure Rules Committee (CPRC) has opened a consultation on proposed amendments to Annex C of the Pre-Action Protocol for Personal Injury Claims.

The top personal injury cases of 2022 are outlined by Leigh Day partner Vijay Ganapathy, in this week’s NLJ.

Vijay Ganapathy considers key issues dealt with by the courts in headline personal injury cases this year

Dominic Regan sees February and October in the fixed costs tea leaves, predicts Belsnerphobia in Wolverhampton, and shares the joy of swag

Personal injury organisations APIL and MASS have been given permission by the Court of Appeal to intervene in two test cases to help establish levels of compensation to be awarded for ‘mixed’ whiplash injuries.

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MOVERS & SHAKERS

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Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation

NLJ this week: Why GP complaints are going nowhere

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group

NLJ this week: Prenups meet a jurisdictional brick wall

A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision

NLJ this week: Has Rylands v Fletcher come back from the dead?

An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading

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Damages

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Ampa Group—Kamal Chauhan

Blake Morgan—four promotions