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13 December 2024 / Stephen Gold
Issue: 8098 / Categories: Features , Procedure & practice , Civil way
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Civil way: 13 December 2024

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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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NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
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