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03 February 2023 / Stephen Gold
Issue: 8011 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 3 February 2023

Insurers lashed by whipping; special account up; mousing to midnight; equity demands detriment; truth in the CoP; posties deemed to work; words to take your heart away

MIXED INJURIES, MIXED JUDGMENTS

At last. The Court of Appeal has spoken—two tongues to one—on the construction of s 3 of the Civil Liability Act 2018 (CLA 2018) (see ‘Civil way’, 171 NLJ 7924, p15). The question raised by the leapfrogged appeals in Hassam and another v Rabot and another [2023] EWCA Civ 19 was how the court was to assess damages for pain, suffering and loss of amenity (PSLA) where the claimant suffers a whiplash caught by a tariff but also suffers additional injury which falls outside the scope of CLA 2018 and does not attract a tariff award.

The majority answer, adopting the claimants’ secondary case (with another win for Benjamin Williams KC) was that the court should assess the tariff award by reference to the Whiplash Injury Regulations 2021 (SI 2021/642); assess the award for non-tariff injuries on common

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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