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13 May 2022 / Stephen Gold
Issue: 7978 / Categories: Features , Procedure & practice
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NLJ200 Archive Civil way: 13 May 2022

Stephen Gold continues his nose through the archives. This week—war law rations & a voyage around the courts

It is 1854. We have joined the Crimean War with a ‘National Day of Fast and Humility’ quickly held in support. The Law Times, which was in its second decade of life, responded to the hostilities with weekly rations of war law. Oscar Wilde was born, Dickens’s Hard Times was published, parents and guardians delighted in the opening of Cheltenham Ladies College and the eldest son of the deceased Mr Justice Talfourd obtained his maiden brief at Berkshire Assizes. The legal organ reported in a style reminiscent of an Ealing comedy script that the brief was in a civil case of some importance and that Talfourd Junior had acquitted himself in a manner that was most satisfactory to the numerous friends of his estimable father. At the conclusion of the trial, he had received the warm congratulations of his friends at the Bar.

Marriage, deafness, decayed teeth & pens

The Law

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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