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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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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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