header-logo header-logo

25 March 2011 / Andrew Lugger
Issue: 7458 / Categories: Opinion
printer mail-detail

Down on the farm

The credit crunch has hit the farming industry as hard as any other sector and the industry’s financial recovery has been hampered by ever-more exacting banking requirements...

The credit crunch has hit the farming industry as hard as any other sector and the industry’s financial recovery has been hampered by ever-more exacting banking requirements.

Public access to farmland brings added problems and many farmers are worried about the detrimental effect on business of the Marine and Coastal Access Act 2009 (MCAA 2009) and their liabilities for the ramblers using the new coastal paths.

The Countryside Rights of Way Act 2000 (CROW 2000) introduced—at a cost of £69m—a public right to walk across designated mountain, moor, heath, down and registered common land in England.

Some have argued that this open access has not been widely used and, according to the Ipsos MORI Coastal Access in England study, published in 2007, most of us are happy with the existing access to the coast. Why then has the government spent vast sums on MCAA 2009 and what

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
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
back-to-top-scroll