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13 December 2013 / Roger Smith
Issue: 7588 / Categories: Opinion
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Roger Smith follows the legal stories making the news

Coming from December 2013 but with implications well into 2014, if not beyond, are three very different stories arising from a speech; a smartphone app; and a legal opinion.

Farewell to Judge

Lord Judge has never been afraid of a few headlines and a valedictory lecture at University College London ensured that he got them for what may be one last time. He chose to deal with somewhat political issues. Michael (now Lord) Howard, who was in the audience, left his seat saying the speech was “music” to his ears. This was probably not addressed to the retiring judge’s warnings on the independence of the judiciary; the need for its adequate funding; or his scathing observations on attempts by the Home Secretary to argue that resolutions of the House of Commons should be treated as equivalent to statute.

The subject of agreement was Lord Judge’s peroration on the European Court of Human Rights (ECtHR). The former Lord Chief Justice saw no reason for UK courts to

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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