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18 March 2022
Issue: 7971 / Categories: Legal News , Procedure & practice , Civil way
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NLJ this week: Civil way—the time is ripe for divorce

It seems the campaign for divorce reform has been waged for years if not decades, but has its time finally arrived? Perhaps this summer’s separating couples will get lucky?

Former District Judge Stephen Gold writes: ‘If the Divorce, Dissolution and Separation Act 2020 has not been “commenced” to come into force on 6 April 2022 by the time you end the next page, then I am a large bunch of deteriorating bananas.’

In this week’s Civil way, Gold devotes a page and a half to the long-awaited Act, digging into the practical details and the nitty gritty.

Gold also continues his coverage of civil procedure rules on vulnerable witnesses and parties, a new rule on representation where gang-related violence is alleged, a gap in the rules where the name of a non-expert in an expert report was redacted, and more.

Issue: 7971 / Categories: Legal News , Procedure & practice , Civil way
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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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