Industrial relations

Lidl Ltd v Central Arbitration Committee [2017] EWCA Civ 328, [2017] All ER (D) 31 (May)

The Court of Appeal dismissed the appellant employer’s appeal against a dismissal of a judicial review application of the second respondent Central Arbitration Committee’s decision that a bargaining unit was an appropriate bargaining unit for the purposes of Sch A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. The second respondent had not misdirected itself on the law, had given adequate reasons and had not failed to consider material considerations.

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MOVERS & SHAKERS

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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

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

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS

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‘Lost years’ precedent overturned

Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment

NLJ this week: Neutral counsel in a polarised age

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’

NLJ this week: Short lets & sharp covenants

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

NLJ this week: Justice at the algorithm’s edge

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

NLJ this week: When ‘milk’ really means milk

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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Industrial relations

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Gardner Leader—Michelle Morgan & Catherine Morris

Freeths—Carly Harwood & Tom Newton