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21 February 2014
Issue: 7595 / Categories: Legal News
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(In)consistency at county courts

Local courts aren't following lead of senior courts when applying new cost budgeting rules

Lawyers have reported discrepancies among county courts in applying the costs budgeting and other new rules.

Nichola Evans, partner at Browne Jacobson, writing in NLJ this week, reports that Manchester county courts spend less than quarter of an hour on costs budgets while “another county court just down the M62 says that its average is an hour”.

Evans describes a series of “war stories” drawn from word of mouth, anecdote and legal blogs and calls for a more consistent approach in the lower courts.

“We know that the appeal judges are following Jackson to the letter. What we sometimes don’t know are the local practices and procedures being adopted and the fact that we could be pulled up by judges for not complying with local customs.

“If we don’t comply with local customs we face being struck out and with very little chance of obtaining relief from sanction.”

Issue: 7595 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

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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

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Nottinghamtrusts, estates and tax team welcomes two senior associates

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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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