header-logo header-logo

Civil way: 9 November 2012

09 November 2012
Issue: 7537 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll