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10 February 2021 / Stephen Gold
Issue: 7920 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 12 February 2021

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Facelift for N244; Cross-class cram down news; The knowing waive; Win for QBD Guide; Flexible tenancy appeal; Staying with possession

THE N244: LATEST

We awoke 100 litigators at home, midday, and asked them to name a court form. 49 said notice of appeal; 51 said application notice. Yes, the N244 has it and, more importantly, the form has just been revamped. Social media criticism of the revised version is unjustified. It is good to look at, rather trendy and can be expected to be aped by other forms to come. Its main claim to fame is that it contains the new statement of truth. May be that slightly strays from the CPR PD 22 order of wording but that’s alright. The paragraph 10 space for supporting evidence has been enlarged; there’s some data protection nonsense about how HMCTS uses personal information provided in the form (surely they’re not behind those scam calls I have been receiving to say my telephone line is about to be cut off?); and it is impliedly

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MOVERS & SHAKERS

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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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