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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

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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

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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