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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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London Solicitors Litigation Association—John McElroy

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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