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20 May 2020 / John Gould
Issue: 7887 / Categories: Features , Covid-19 , Constitutional law
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Decisions, decisions

John Gould holds the government to account on its (COVID-19) decision making

The virus has made us all decision takers; seldom can a decision to buy a bag of flour have involved the calculation of the risk of death.

The concern of public law is not so much what the decision is, but rather how it is made. When the stakes are high, as they are now, the scientific considerations esoteric, and the evidence uncertain, we need it to be obvious that the way government decisions are taken is at least of the minimum standard required by law. Lawful public decision making should be more like skilful chess than snakes and ladders.

A very senior judge once said to me that judging is a serious business, and so it is. In our present circumstances we need good judgement from our decision makers more than ever. Over the last decades the courts have established, through judicial review, the characteristics of a sound decision. The paradigm is of a rational and reasonable person

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NEWS
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
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’
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