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Civil way: 3 May 2024

PI damages up; Tribunal responses; Family dress; Luba got it right

AVOID DAMAGE

The 17th edition of the Judicial College’s guidelines on the assessment of general damages in personal injury cases is about to hit those bookstalls that litigators frequent. But avoid a negligence claim by NOW revisiting the guidelines of two years ago. This latest edition uplifts figures by reference, as usual, to the retail prices index (RPI) and the index figure of 376.6 for August 2023. Claimant negotiators should avoid a negligence claim by increasing guidelines further for inflation between August 2023 and assessment, as defendant negotiators may curse. Last time a new sub-category of psychiatric injury to cover awards made to victims of sexual abuse was included. Adjustments have now been made to the brackets for these injuries as well as the figures within the range. It is made clear that any challenge to use of the RPI as against the consumer prices index must be made in the courts. Over to you.

The

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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