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Law digests: 12 April 2024

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12 April 2024
Issue: 8066 / Categories: Case law , In Court , Law digest
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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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Public Accounts Committee warn of ‘extinction’ risk for legal aid
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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
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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
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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
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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
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