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17 July 2015 / David Greene
Issue: 7661 / Categories: Opinion
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Mixed messages

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Can a “one nation civil justice process” become a reality in a budget restricted world? David Greene has his doubts

Patrick Allen writes stridently and with passion of the government’s policies and the effect on the justice process, particularly now that the Conservative Chancellor is free of the bonds of marriage to the Liberals (see “The end for civil legal aid?” NLJ, 10 July 2015, p 6 & online at www.newlawjournal.co.uk ).

We have now had two public occasions to gain a measure of the new Government’s approach to both civil and criminal justice—the Lord Chancellor’s speech at the Legatum Institute last month, and the Chancellor’s summer budget.

In his speech—“What does a one nation justice policy look like?”—Michael Gove asserted to paint a picture of the Disraeli proposition of “One Nation Conservatism” as applied to the justice process both in crime and civil justice. I leave to sister publications to comment on the former although we should in no way regard them as unrelated. The changes in criminal justice and the reaction grab

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

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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