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13 September 2018 / Dominic Regan
Issue: 7808 / Categories: Features
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Legal definitions 2018

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Dominic Regan takes on the urgent task of updating some legal terms & shares some early examples

Alternative dispute resolution

Once seen as a bit soppy, it is now of deadly importance. Huge, adverse costs sanctions will be visited upon those who unreasonably reject the process. And it stops judges having to judge (see below).

Arbitrator

A self-appointed position secured by all ‘retiring’ Supreme Court and Court of Appeal judges. A reasonable period elapses before they announce their new occupation, typically three days. It is absolutely not about fees, first class flights, and being abroad during the grim British winter.

Commercial dispute

My bill hasn’t been paid.

International commercial dispute

My bill hasn’t been paid by a Russian.

Costs management

One specialist who attended the Civil Justice Council LASPO Review on 29 June 2018 declared that he had been failed by budgeting in 4,000 cases! A costs lawyer complained about the complexity and consequent expense of the exercise. One judge pretends it does not exist.

Court fees

Legalised extortion which the mafia wishes it

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MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

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’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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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