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Civil way: 9 November 2012

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09 November 2012
Issue: 7537 / Categories: Features , Civil way , Procedure & practice
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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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HFW—Guy Marrison

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Global aviation disputes practice boosted by London partner hire

Morrison Foerster—Jenny Galloway & Luke Rowland

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Firm grows London practice with two partner promotions

Hogan Lovells—David Hansom

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Government contracts and procurement practice expands with London partner hire

NEWS
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NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
NLJ this week: How not to plead a schedule of loss
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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