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08 March 2024
Issue: 8062 / Categories: Legal News , Criminal
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NLJ this week: Give IPP and joint enterprise the Post Office treatment

We need more politicians willing to support unfashionable causes, NLJ columnist Jon Robins writes this week

The powers that be leaped into action following public outrage after the broadcast of ITV’s Mr Bates vs The Post Office but are slow to address injustice where there is less public demand.

Robins highlights two issues in particular: imprisonment for public protection (IPP) and joint enterprise. Both have caused shocking injustice yet, despite political wringing of hands, little has been achieved in practice.

Robins writes: ‘The overuse of joint enterprise—in particular, its racist overuse—has been a concern. Ten years ago, witnesses told the justice committee that the common law doctrine was being used as a “dragnet… hoovering up young people from ethnic minority communities” who had “peripheral, minor or in some cases even non-existent involvement” in serious criminal acts.’

Issue: 8062 / Categories: Legal News , Criminal
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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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