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11 August 2023 / Stephen Gold
Issue: 8037 / Categories: Features , Procedure & practice , Civil way
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Civil way: 11 August 2023

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A funny business; Dodgy service; Cleaner notaries; Latest FPR PD update

TAKEOVER NEWS

Talk of the Civil National Business Centre at Northampton, but not until 14 August 2023. It is then replacing the back-office units at Northampton’s County Court Business Centre and Salford’s County Court Money Claims Centre. Out with the cheese sandwiches. The move will affect where claims are started. It is presumed that the name of the merged centre was picked from a hat and designed to disguise from the world that it will have any connection with the law. The Civil Procedure (Amendment No 3) Rules 2023, SI 2023/788, effect a raft of name substitutions, and CPR PD update 158 follows suit.

TICKS & STUFF

The claim form is served out of time. What should the defendant do? Dispute the court’s jurisdiction by complying with CPR 11. That involves filing an acknowledgment of service and applying under the rule within 14 days of doing so for a no-jurisdiction declaration. In default, the defendant is treated as having accepted

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Short lets & sharp covenants
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
NLJ this week: Justice at the algorithm’s edge
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
NLJ this week: When ‘milk’ really means milk
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
NLJ this week: Civil practice with claws & caution
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
NLJ this week: Stealing virtual gold?
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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