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27 October 2017 / Stephen Gold
Issue: 7767 / Categories: Features , Civil way , Procedure & practice
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Civil way: 27 October 2017

Bible rewrite; Secret buyers; Non-matrimonial assets latest

ORANGE PEEL

The law is getting more colourful. Books of constant green, white, brown and red respectively are devoted to practice and procedure. At a Glance changes its cover colour with each annual edition so that at the next editorial meeting to write the jokes for the 201920 publication they may decide to go naked which should be a laugh. The Judicial College has now got in on the colour act. The 14th edition of its Guidelines for the Assessment of General Damages in Personal Injury Cases just published by Oxford University Press is adorned with an orange cover. If you deal with these cases then you are likely to attract a negligence claim absent acquisition of this latest edition or theft of a colleague’s copy.

The guideline figures have been adjusted to reflect the RPI increase of 4.8% in the two years up to 31 May 2017. Having previously flirted with the idea, the differentiation between awards for scarring by reference to gender—‘an outdated stereotype’—has now

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MOVERS & SHAKERS

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

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

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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