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04 October 2024 / Stephen Gold
Issue: 8088 / Categories: Features , Procedure & practice , Civil way , Harassment , Tribunals , Property
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Civil way: 4 October 2024

Portal rules, OK!; Harassed by CPR; Just one claim form, please; judicial review sins

PORTALS FOR MORTALS

HMCTS has issued specific rules for naming documents which are to be uploaded to ‘case file view’ on the contested financial remedy portal. Be warned. You are stuck with the name you create so eschew ‘filthy respondent’s lie pack’. Renaming is out of the question. The name should be ‘sufficiently short’ and contain: type of document; first and last name of the person whose ‘evidence’ is set out in it; and date of creation or signature. ‘Form E Sella Storey 04/10/24’ would do nicely.


THE HARASSMENT TRAP

The Protection from Harassment Act 1997 is a fine piece of legislation. Not only does it create criminal offences but, my dear litigators, it allows for the grant of an injunction and damages in civil proceedings. All you need is harassment. It was present in Pattinson v Winsor [2024] EWHC 1910 (KB), where the claimant, a district judge (magistrates’ court) was after

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MOVERS & SHAKERS

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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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