header-logo header-logo

27 June 2013
Issue: 7556 / Categories: Features , Civil way
printer mail-detail

Civil way: 28 June 2013

The latest on Jackson

JACKCHAT

Gotcha!

If you thought you might escape paying an allocation fee on a plus £1,500 CPR Pt 7 claim on filing the new directions questionnaire (quite independently, of course, from your usual attempt at ducking the listing and hearing fees by drafting case management directions which provide for pre-trial checklists to be dispensed with) then think again. The Civil Proceedings Fees (Amendment) Order 2013 (SI 2013/734) which squeezed into force on 1 April 2013 having been made four days earlier (phew!) provides for the fee to be paid when an allocation or directions questionnaire is filed or when a case is allocated to track without a questionnaire. Another fees order is expected soon: court users are quaking.

Back door

Fixed costs in fast-track cases did not happen as Jackson LJ had envisaged and the amendment CPR unsurprisingly make no provision for fast-track costs management. How will proportionality be applied to fast tracks? Jackson LJ has suggested that the costs claimed by the fast-track receiving party might

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
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
back-to-top-scroll