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25 November 2022 / Stephen Gold
Issue: 8004 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 25 November 2022

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Portal welcomes counsel; charity relaxations; Wales wins in extra time; Mostyn J overcomes authority; Parliament tough on CPR.

LEGAL LITE BITES

Compulsory eye strain for DJs 80% of practitioners do it. It’s on the cards that you will all be doing it by 31 January 2023, by when it will be mandatory to use the digital portal for issue of all contested financial remedy applications. And just introduced is the facility for an instructed barrister who has got themselves registered to MyHMCTS to have access to the portal. Their solicitor should add them in. If the barrister is directly instructed, they will need to notify their local financial remedy court of the instruction which will secure access for them.

‘You’re ours—for peanuts’ Exclusivity terms in workers’ contracts restrict their ability to take on additional work with other employers. These terms are already unenforceable in zero-hours contracts. Unenforceability is extended as from 5 December 2022 to contracts which provide a net weekly wage which is no more than the lower earnings

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MOVERS & SHAKERS

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Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

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NEWS
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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: 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: 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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