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16 March 2007
Issue: 7264 / Categories: Legal News , Public
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MPs shock vote for reform

MPs ‘ill-considered’ plans for a new-look House of Lords will be such an attack on the recognised pre-eminence of the House of Commons that a constitutional system which has existed for more than 100 years will need to be overhauled, legal commentators say.

Last week, the commons voted for a completely elected second chamber by 337 to 224. Although the vote does not automatically become law, it is expected to strongly influence the government when it draws up plans for a reformed second house.

Constitutional expert Dr B Mahendra says a more ill-considered example of proposed legislation is hard to find. “While some MPs were motivated by anti-reform sentiments—and hoped to provoke the peers into rejecting the proposals out of hand—many seem to have been influenced by distaste felt for the reasons underlying the current cash for honours criminal investigation. It seems hardly the basis for ‘baby and bathwater’ action unpreceded by careful thought.”

He continues: “A fully elected upper chamber—which can hardly continue to be called the House of Lords—under presumably a different

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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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