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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.
Olivia Dhein & Ben Roe explain how lawyers should think about privilege when using gen AI tools

Financial remedy copy; Civil legal aid eligibility; Secret commission; Interim costs whopper; Right to Buy hit

Ambiguity over the governing law of arbitration agreements continues to spark debate. In July, meanwhile, the government reintroduced the Arbitration Bill, which would have altered the outcome in September of the Supreme Court case, UniCredit. In this week’s NLJ, Valya Georgieva, senior associate, Penningtons Manches Cooper, and Ravi Aswani, barrister, 36 Group, examine the court’s reasoning and consider how the outcome might have differed if the Arbitration Bill, currently before Parliament, had been in force.
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MOVERS & SHAKERS

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
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