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12 April 2024
Issue: 8066 / Categories: Case law , In Court , Law digest
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Law digests: 12 April 2024

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Damages

Hassam and another v Rabot and another [2024] UKSC 11, [2024] All ER (D) 122 (Mar)

The Supreme Court dismissed appeals by both claimants, who sought damages for personal injury in road accidents, and the defendant Revenue and Customs Commissioners. The dispute concerned the correct way to determine the amount of damages payable for pain, suffering and loss of amenity (PSLA) according to a tariff that varied only by reason of the duration of the whiplash injury following the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021. The court held that the correct method was to add the tariff amount and non-whiplash injury PSLA damages together then reduce the latter to avoid over-compensation for concurrently caused PSLA.

Damage to property

Re: Attorney General’s reference on a point of law No 1 of 2023 (pursuant to section 36 of the Criminal Justice Act 1972) [2024] EWCA Crim 243, [2024] All ER (D) 92 (Mar)

The Court of Appeal, Criminal Division, ruled on an Attorney General’s Reference, concerning an important

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NEWS
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‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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