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30 September 2022 / Stephen Gold
Issue: 7996 / Categories: Features , Procedure & practice , Civil way , CPR , Arbitration
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Civil way: 30 September 2022

Portal grab for defendants; Covid rent arbitration flop; Beware of glass cubes; MIAM rule book.

DOUBLE TAKE

Humble congratulations are offered to the Civil Procedure Rule Committee to mark the 150th CPR update. Clap your Green Books together. If and when you read it, you may think you are going mad. Fear not: your mental faculties are intact. The update comprises amended CPR PD 51ZB. Almost the spitting image of the amended PD which comprised the 145th update and was pulled the day before it was due to come into force (see ‘Civil way’, NLJ, 17 June 2022, p17). We are here talking about the damages claims portal and the condemnation of legal representatives to now use it to respond to those claims issued through it.

The latest amended PD applies to portal claims where the claimant has given the defendant prior notice on or after 15 September 2022 of their intention to use the portal to start their claim. The PD was published just an indecently short

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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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