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01 December 2023 / Stephen Gold
Issue: 8051 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 December 2023

Judicial poses; Juniors may speak; Dodgy drafting; Fees hike promised; Business tenancy opposition

SAY CHEESE

Someone has cottoned on to the jeopardy presented by the taking of those delightful post-adoption order photographs at court with child, family and judge. No, not the ceiling falling in but a prosecution for breach of s 41 of the Criminal Justice Act 1925 which prohibits snapping in court or its precincts. The Courts (Prescribed Recordings) Order 2013 (SI 2023/1124) rushed into force after 96 years on 24 October 2023 has come to the rescue. It disapplies the prohibition for adoption ‘ceremony’ stills where taken after the proceedings and authorised by the court and undertaken in accordance with the court’s instructions.


JUNIOR SLEEP TO BE INTERRUPTED

First, Mr Justice Foxton expressed pleasure at the increasing frequency with which junior advocates have been undertaking some of the oral submissions in the commercial court. Now the good and the powerful, headed by the Lady Chief Justice and Master of the Rolls, have got in on the act with

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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’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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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