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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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