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03 September 2021 / David Langwallner
Issue: 7946 / Categories: Features , Covid-19 , Criminal , Profession
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Nightingale courts: challenges, dangers & ethics

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Law in the hotel lobby: David Langwallner examines the dilemmas arising from the relocation of trials to temporary courtrooms

A nightingale is a rural migratory Songbird known for the quality of its voice, less in evidence in the UK as bird stocks decline. The government established Nightingale courts last year—presumably in recognition of Florence Nightingale and her work during the Crimean War, rather than dulcet-toned barristers.

In Richard Cavendish’s monograph ‘The Crimean War’ (History Today, Volume 54 Issue, 3 March 2004) he argues that the war displayed great confusions of purpose and motivations, and in a remark curiously prescient to our time: ‘never did such incompetence led to so much social butchery’. It lasted two years, five months and 14 days with over half a million dead. The coronavirus began in Wuhan in December 2019.

Blurred lines

The Nightingales formed part of government plans to ensure courts could recover from the coronavirus pandemic as soon as possible and (with emphasis added from the government website)

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

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NEWS
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
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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