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09 November 2012
Issue: 7537 / Categories: Features , Civil way , Procedure & practice
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Civil way: 9 November 2012

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The latest on PI damages & the interview of a lifetime

IN GENERAL

More answers to questions (or the penny but not the bun)

Well, you can’t accuse the Association of British Insurers of lacking guts. Through Derek Castle (who is in danger of becoming a cult figure) in Simmons v Castle [2012] EWCA Civ 1288 it went before the Lord Chief Justice, Master of the Rolls and Vice-President of the Court of Appeal (Civil) and most respectfully asked them to reconsider what they decreed a few weeks earlier in Simmons v Castle [2012] EWCA Civ 1288 (see NLJ, 14 September 2012, p1154). Those claimants whose conditional fee agreements were made before 1 April 2013 and so would be able to recover their success fees from the defendant, asserted the Association, should not also qualify for the 10% increase in personal injury generals: double jeopardy for the insurers. And the powerfully constituted Court of Appeal agreed. So it is that claimants will now be unable to score an extra 10% when

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MOVERS & SHAKERS

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Sponsored by
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
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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

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

NLJ this week: Civil procedure gets a spring overhaul
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
NLJ this week: Why GP complaints are going nowhere
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
NLJ this week: Prenups meet a jurisdictional brick wall
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
NLJ this week: Has Rylands v Fletcher come back from the dead?
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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