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Civil way: 13 December 2024

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13 December 2024 / Stephen Gold
Issue: 8098 / Categories: Features , Procedure & practice , Civil way
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Whiplashes stay painful; PI discount rate gets positive; bailiff dress code; all about Richard; Supreme Court success rates; the Insolvency Battle; domestic abuse newcomer; enforcing PP arrears.

WHIPLASH CASH

The Lord Chancellor’s review of the Whiplash Injury Regulations 2021 (SI 2021/642) (see ‘Civil way’, 171 NLJ 7924, p15) has come up with just one intended change which, following consultation with the Lady Chief Justice, will lead to subordinate legislation. The change is an inflationary-only tariff uplift to account for Consumer Price Index inflation during 2021-24 and to build in a three-year buffer to reflect forecasted inflation up to 2027. This will lead to a 14-15% increase in each band. Claimants need not bother to postpone making a claim as the increases will only impact those accidents which occur on or after the amended regulations come into force. And if you feel aggrieved at the review’s outcome, kick yourself (only mildly, to keep the bruising within the small claims track) for not having responded

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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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