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28 January 2022 / Brice Dickson
Issue: 7964 / Categories: Features , Law digest , In Court , Profession
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Judgement day for the Supreme Court

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Brice Dickson considers the Supreme Court’s output in 2021…
  • The noticeable decrease in the number of judges in Supreme Court cases.
  • Statistics for appearances and judgments.
  • The most common legal fields dealt with in 2021.

The only change to the personnel of the Supreme Court during 2021 was the appointment of Lady Rose, who replaced the retiring Lady Black in January. Lord Lloyd-Jones and Lady Arden retired earlier this month but by the start of this week, their successors had still not been named.

The Supreme Court issued judgments in 58 cases in 2021 (compared with 53 in 2020), still well below the average of 67 per year since 2010. The cases embraced 60 appeals, two cross-appeals, one reference and an exercise by the court of its original jurisdiction. Of the appeals and cross-appeals, 28 were won, a success rate of 45%, very close to the 2020 figure of 47%. Three of the 58 cases were Scottish in origin and only one was from Northern Ireland. There

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NEWS
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
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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