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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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MOVERS & SHAKERS

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Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

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Firm enhances competition practice with London partner hire

NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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