Procedure & practice

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Magistrates have asked for more flexibility and creativity when sentencing convicted criminals, and urged the government not to abolish custodial terms of less than six months.

A fair trial could not be guaranteed after leading counsel for the defendant fell ill, the Commercial Court has held.

Injunctive relief is possible before a wrong has even taken place: Nicholas Dobson explores quia timet relief in light of a recent decision

About one third of respondents agree remote hearings are more efficient (31%) or provide the same opportunity for individuals to present their side of the story (35%), the Ministry of Justice’s Legal Problem and Resolution Survey 2023, published in December, has found.

As it’s Christmas, and in lieu of frankincense and myrrh, NLJ offers a bumper two pages of Gold this week. Festive Civil Way topics include the bailiff dress code, PP arrears, DAPOs and the personal injury discount rate.

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.

The vital question of when exactly security is deemed received—whether it is on payment or on receipt of cleared funds—is addressed in this week’s NLJ, by Avneet Baryan, senior associate at Mills & Reeve.

Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses

Is it bye bye Right to Buy? In this week’s 'Civil Way', former district judge Stephen Gold looks at changes to the discounts for secure tenants.

How does legal privilege apply to the use of generative artificial intelligence (gen AI) by lawyers? In this week’s NLJ, Olivia Dhein, knowledge lawyer at RPC, and Ben Roe, lead knowledge lawyer at Baker McKenzie, highlight some overlooked risks and consider various workplace scenarios.

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MOVERS & SHAKERS

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Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS

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NLJ this week: Making Big Tech pay for digital addiction

Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ

NLJ this week: Leaseholders stuck in limbo

The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ

NLJ this week: When a trial period becomes a ‘reasonable adjustment’

The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law

NLJ this week: Ignore covenants at your peril

Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ

NLJ this week: Courts caught in a ‘hierarchy of privacy’

Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design

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Procedure & practice

MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Boies Schiller Flexner—Lindsay Reimschussel

Corker Binning—Priya Dave