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13 June 2019
Issue: 7844 / Categories: Features , Procedure & practice , Civil way
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Civil way: 14 June 2019

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Family misconduct; ‘Best Endeavours’ breach; High Court: keep out; tribunals ready on tenant fees; new Act for the missing

PEANUTS ROASTED

The FPR PD28A on costs has been amended (see ‘Civil way’, NLJ 31 May 2019, p16) as from 27 May 2019, to the accompaniment of a blast of silence. An extended para 4.4 provides that when considering whether to depart from the general no-costs rule in financial remedy proceedings, the court will take a broad view of conduct—bear with me, it gets more exciting—and will generally conclude that to refuse openly to negotiate reasonably and responsibly will amount to conduct in respect of which the court will consider making an order for costs. In a ‘needs’ case, this will include the applicant unreasonably litigating with the result that the costs incurred by each party have become disproportionate to the award made by the court. And where an order for costs is made at an interim stage (see FPR 28.3(6)), the court will not usually allow any resulting liability to

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MOVERS & SHAKERS

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Sponsored by
Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

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’

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: 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
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