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13 September 2007 / John Cooper KC
Issue: 7288 / Categories: Features , Profession
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The NLJ Column

Swift justice, although desirable, is not always the best course

Concerns have been expressed about the lack of judges available to sit in the Crown court. As a result of this shortfall, cases are being delayed as the backlog continues to grow. Whatever the reason for this shortage of judiciary, the ramifications are stark: accused people are left in a state of debilitating uncertainty as they await trial; and witnesses—be they for the prosecution or defence—face a continual and eroding pressure on their memory and recollection which can only partially be dealt with by reference to their written statements.

But the delay in bringing a case to court, with all its inherent dangers, is not a new problem. It has been prevalent in the coroner’s court for decades.

CORONIAL JUSTICE

Often, and unfairly, seen as the ugly sister to the more glamorous Crown court, coronial justice has been starved of funding and the will to reform for years. Only now, Harriet Harman promises us a new Bill to overhaul the inquest system—and not

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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’

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

NEWS
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 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’
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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