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01 November 2018
Issue: 7815 / Categories: Features , Civil way , Procedure & practice
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Civil way: 2 November 2018

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Carry on testing; lawyer bypass regrets; better reception likely.

Assault in Petty France

The Ministry of Justice (MoJ) is beating itself up. As its online divorce project progresses, its consultation is taking place on abandoning any degree of fault as a basis for obtaining a divorce. The irony is that if the MoJ was thoroughly sick of itself it would have a prima facie case of unreasonable behaviour against the MoJ.

As to the project, the target is to extend the online service, which is currently being tested with a small group of family solicitors, to make it more widely available to the profession by the end of this year. Facilities for respondents to acknowledge service online and for petitioners to apply for a decree online should be available in early 2019 with full roll out by the end of next year. Expansion to cover civil partnerships and other matrimonial orders is some way off. The official line is that divorce reform, with the consultation running until 10 December 2018, may change the shape

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‘Lost years’ precedent overturned
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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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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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Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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