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02 December 2016
Issue: 7725 / Categories: Legal News
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Litigation post-Brexit

London’s reputation as a leading centre for cross-border dispute resolution has been thrown into question by Brexit.

The government’s pledge to enact EU law into domestic law pending further review has reduced some of the uncertainty. However, this exercise is not as straightforward as it seems, particularly where reciprocity with member states is required to render EU laws effective, Jonathan Harris QC, Serle Court, writes in NLJ this week.

Harris says the two key ingredients are the ability to choose English courts as the forum and the ability to choose English law to govern contractual and non-contractual relationships between parties. Both of these are “almost entirely regulated by European regulations”. He argues that both are likely to be preserved in a post-Brexit era. Moreover, he points out that parties choose the English courts for the quality of its lawyers, the independence of its judiciary, and the procedural and substantive rules of English law—none of which will be affected by Brexit.

Issue: 7725 / Categories: Legal News
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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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