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14 October 2022
Issue: 7998 / Categories: Legal News , Procedure & practice , Civil way
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NLJ this week: On the road with Gold

It’s rough justice for road traffic claimants under the protocol, writes former district judge Stephen Gold in this week’s 'Civil Way'.

‘I know because Jackson LJ told us so… and he knows because he effectively designed it and I witnessed it myself once or twice (but not when I was sitting, of course),’ he writes. Gold illustrates his point with a case of two taxi drivers.

Gold also covers ‘failure to remove’ claims against social services, referring to two recent cases. He reminds lawyers that ‘claimants must identify for what it is alleged the defendant has assumed responsibility, the facts relied on as establishing the assumption of responsibility and the dates the alleged duty arose and, if relevant, the periods during which it was owed’.

Finally, Gold takes a look at the rapidly developing evolving (due to U-turns and interest rate hikes) fields of capital gain tax and Court Funds Office’s rates.

See this week's 'Civil Way' here.

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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