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11 December 2019 / Mark Pawlowski
Issue: 7868 / Categories: Features
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It’s a wonderful life!

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Mark Pawlowski takes a festive look at some of the more humorous cases taken from the English & Commonwealth law reports

Contacting the spirit world

Very spooky behaviour can be found in the criminal law case of R v Young [1955] QB 324. Four members of a jury, while staying overnight in a local hotel, used a ouija board to contact the victim of a murder to determine the guilt or innocence of the accused. The Court of Appeal, not surprisingly, held that this was a material irregularity and duly quashed the conviction for murder.

Unreasonable behaviour?

Most family law practitioners will be aware of O’Neill v O’Neill [1975] 3 All ER 289. This involved a wife’s petition for divorce, which was based on her husband’s unreasonable behaviour in embarking on an extensive two-year programme of renovation of the matrimonial home in order to cure dampness under the floorboards. As part of this work, the toilet door was removed for a period of eight months, causing great embarrassment to the wife and

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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
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