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13 December 2024 / Stephen Gold
Issue: 8098 / Categories: Features , Procedure & practice , Civil way
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Civil way: 13 December 2024

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Whiplashes stay painful; PI discount rate gets positive; bailiff dress code; all about Richard; Supreme Court success rates; the Insolvency Battle; domestic abuse newcomer; enforcing PP arrears.

WHIPLASH CASH

The Lord Chancellor’s review of the Whiplash Injury Regulations 2021 (SI 2021/642) (see ‘Civil way’, 171 NLJ 7924, p15) has come up with just one intended change which, following consultation with the Lady Chief Justice, will lead to subordinate legislation. The change is an inflationary-only tariff uplift to account for Consumer Price Index inflation during 2021-24 and to build in a three-year buffer to reflect forecasted inflation up to 2027. This will lead to a 14-15% increase in each band. Claimants need not bother to postpone making a claim as the increases will only impact those accidents which occur on or after the amended regulations come into force. And if you feel aggrieved at the review’s outcome, kick yourself (only mildly, to keep the bruising within the small claims track) for not having responded

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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