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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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