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08 September 2023 / Stephen Gold
Issue: 8039 / Categories: Features , Procedure & practice , Civil way , Costs
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Civil way: 8 September 2023

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Invest in Chalk; non-mol update; costs in a FIX; trade goes electronic; jabs for the incapacitated.

VERY SPECIAL

Out with the scissors. The Lord Chancellor, reacting to the latest Bank of England base rate rise of .25%, has hiked the Court Funds Office special account rate by a stonking 1.5%. As from 23 August 2023, the rate is now 6.00%. Those special losses are looking particularly attractive as they generally earn interest of one-half of the special account rate—except for trainees, as they smash their calculators against the wall in trying to work out how much to claim for the crash helmet which was battered three years ago. The base rate could be in for another overhaul on 21 September 2023.

THE MODERN NON-MOL

The Family Division president has replaced the non-molestation practice guidance issued on 18 January 2017 with fresh guidance, a nod to controlling or coercive behaviour, and what he describes as an example of a simplified ex parte order. This stops at the

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MOVERS & SHAKERS

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NEWS
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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
NLJ this week: Stealing virtual gold?
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’
NLJ this week: Don’t let your LPA gather dust
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
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’
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