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NLJ this week: On the road with Gold

14 October 2022
Issue: 7998 / Categories: Legal News , Procedure & practice , Civil way
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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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
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
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
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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