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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

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

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
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
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
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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