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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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