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04 March 2016 / Kate Wilson , Kate Wilson , Chris Roberts , Ian McDonald
Issue: 7689 / Categories: Features , Procedure & practice
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Courting change

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Ian McDonald, Chris Roberts & Kate Wilson breakdown the key proposals in the Interim Report on the Structure of the Civil Courts

In January, Lord Justice Briggs published an interim report of his review on the structure of the Civil Courts in England and Wales (the report). While the final report is due to be published by the end of July 2016, the report invites urgent feedback on a package of measures which will be of particular interest to commercial litigators—proposals aimed at improving waiting times in the Court of Appeal (CofA). Decisions on these proposals are to be made in early March.

The report is premised on the successful implementation of the wider HMCTS Reform Programme to make the court system, ie all the criminal, civil and family courts and tribunals, “digital by design and by default”. This is not expected to be completed before 2020. It also takes into account that there has been an increase in the number of litigants in person (LIPs) using the courts, and that such cases

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

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Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

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

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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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