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15 October 2021 / Stephen Gold
Issue: 7952 / Categories: Features , Procedure & practice , Civil way
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Civil way: 15 October 2021

Bypassing a judge; Mediation stays come early; DDJs forced out of home; Domestic abuse latest; Pandemic rent challenges; Small claim transcripts

JUST A SLIP

Part 1 The referral to a judge or legal adviser of a request for the amendment of a half-baked perfected order will cause stress. ‘I regret the judge is in boxwork arrears and has to attend to their pension litigation.’ Slip rule amendments will generally be referred up. But the new FPR PD 29D now hiding under court staff desks or (where working remotely) beds, enables a court officer to amend without referral where staff cock-up, obvious typographical error, desirability of improving format (but not numbering) and, so long as the correct details can be verified from the court file etc, where misstatement as to venue of hearing, date of order, identification of legal representatives and date of future hearing. Send in a copy of the PD with your amendment request. Spell-check your communication.

Part 2 Rip up SI 2021/1029 on the new schedule 10 to

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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
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
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