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14 October 2022 / Stephen Gold
Issue: 7998 / Categories: Features , Procedure & practice , Civil way , Personal injury , Tax
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Civil way: 14 October 2022

RTA protocol transfers get easier; Social services which don’t care; Delay matrimonial transfers?; Basic and special account rises

TAXI FARE

Fairly rough justice is what you get—and are intended to get—under the protocol for low value personal injury road traffic accident claims, currently running at around 700,000 cases a year. I know because Jackson LJ told us so in Phillips v Willis [2016] EWCA Civ 401, [2016] All ER (D) 149 (Apr), and he knows because he effectively designed it and I witnessed it myself once or twice (but not when I was sitting, of course). The Court of Appeal has just stuck with this theme in second-tier appeals in Islington London Borough Council v Bourous and others [2022] EWCA Civ 1242 (in which Sir Andrew McFarlane P, possibly finding himself in the wrong place, agreed with the leading judgment). The protocol had an inexorable character and if the parties did not observe its provisions, they bore the consequences.

Two taxi drivers alleged loss resulting from their vehicles being

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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