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04 February 2022 / Stephen Gold
Issue: 7965 / Categories: Features , Procedure & practice , Civil way
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Civil way: 4 February 2022

Divorce rules out; Service charge enforcement; E-bundle breakdowns; 167 out of 1793 may do

DIVORCE COUNTDOWN

I cannot see any sign of slippage (though I should warn that I am way behind with my annual eye test) and so let us take it that it is still on for 6 April 2022. Not the filing of my tax return but full implementation of the Divorce, Dissolution and Separation Act 2020. I promise to take you gently and incrementally towards the monumental reforms.

The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2020 have been published in draft and will update the lingo of primary and subordinate legislation. Remember, applicant for petitioner; conditional divorce for decree nisi; final order for decree absolute; separation order in divorce for decree of judicial separation and decree of nullity will become nullity of marriage order. In short, alignment where appropriate with corresponding handles already in use in civil partnership dissolutions.

The eagerly awaited Family Procedure (Amendment) Rules 2020 (SI

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MOVERS & SHAKERS

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

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

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
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’
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
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
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
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