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Civil way: 16 August 2013

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14 August 2013
Issue: 7573 / Categories: Features , Civil way
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The Law Society called on the government to postpone implementation of its low value road traffic personal injury claims reforms...

CIVIL DISORDER RULES

The Law Society called on the government to postpone implementation of its low value road traffic personal injury claims reforms in order to avoid major disruption to the civil justice system. That was on 11 July 2013. The reforms duly came into force on 31 July 2013 under the disarming guise of the Civil Procedure (Amendment No 6) Rules 2013 (SI 2013/1695). The rules raise the scheme’s limit from £10,000 to £25,000 and extend the scheme to catch claims for employer and public liability.

The fixed recoverable costs under the scheme in CPR Part 45 s III (see “Civil way”) are applied to employer and liability claims. For claims which exit, there is again a fixed costs regime resting in shame in new s IIIA but it will not apply to employer and public liability disease claims. The amount recoverable post-exit will be dependent on the nature of the

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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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