Costs

Brennan v Prior and others [2015] EWHC 3082 (Ch), [2015] All ER (D) 119 (Nov)

The Chancery Division, allowed the third to sixth defendants’ application under CPR 40.12 seeking clarification or amendment of an order for costs made following the trial of a probate action concerning a will. The amount of the claimant’s personal liability for the costs of the third to sixth defendants under the order was not limited by reference to the amount of her pecuniary legacy. The court exercised its inherent power under CPR 40BPD 4.5 that the order be amended to add words to the order to ensure any ambiguity in the order was removed.

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MOVERS & SHAKERS

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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

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

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS

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‘Lost years’ precedent overturned

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

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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NLJ this week: Justice at the algorithm’s edge

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

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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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Costs

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Gardner Leader—Michelle Morgan & Catherine Morris

Freeths—Carly Harwood & Tom Newton