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24 February 2017
Issue: 7735 / Categories: Features , Civil way , Procedure & practice
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Civil way: 24 February 2017

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Vanishing claims; legal advisers get judgy; & managing incurred costs.

CPR RULES, OK!

Civil, family and insolvency procedure rules and practice directions are all in for a makeover. Here are some of the sexier changes from the Civil Procedure (Amendment) Rules 2017 (SI 2017/95) (CPAR 2017) and 88th CPR update which come into force on 6 April 2017, unless stated to the contrary. More next time.

The hearing is nearing The scheme for refund of the whole or part of the trial fee (which we used to call the hearing fee but which I must now call the trial fee and which you may continue to call the hearing fee unless in correspondence with the court or conversation with an anorak) is being scrapped. In return, the fee will not generally become payable until up to 28 days before the trial. The new scheme begins on 6 March 2017 in line with the Civil Proceedings Fees (Amendment) Order 2016 (SI 2016/1191) (see “Civil way”, NLJ , 13 January 2017, p17) but will not affect

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MOVERS & SHAKERS

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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
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‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
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’
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
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