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18 September 2015 / Roger Smith
Issue: 7668 / Categories: Opinion
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Across the pond

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Roger Smith surveys legal news on the other side of the Atlantic

A summer stay in Saratoga Springs, once famous for its spas and now for its racecourse, has reawakened an interest in US legal developments. This was largely because I was staying on a lake with a fellow lawyer interested in discussing such matters. He also encouraged me to renew my digital subscription to The New York Times, whose coverage of legal—as other—issues puts even the best of the British press in the shade. But, had I been more aware of history at the time, it might also have been—as a judge later pointed out to me—because the city was the birthplace of the American Bar Association (ABA) in 1878. This had from the beginning high aspirations for its members. They were to be “attorneys of unquestionable professional attainments, men who made waves in their community, state and nation”. Certainly, there are enough issues to detain men, and now women, of such eminence—many of them very similar to those over here.

Terrorism & the rule

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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