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28 July 2023
Issue: 8035 / Categories: Legal News , Civil way , Procedure & practice , CPR
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NLJ this week: Gold reports on difficulties in court & the case that missed

Lack of personnel is creating havoc in court. In this week’s NLJ, former district judge Stephen Gold writes on ‘the mess’ in family courts where ‘frequent and widespread difficulties’ are arising due to a shortage of qualified legal representatives to cross-examine vulnerable witnesses.

The shortage is leading to an extraordinary and contradictory predicament where judges may have to ask the questions themselves ‘notwithstanding the guidance that the court should not itself conduct the cross-examination’.

Following this theme, Gold’s 'Civil way' column reports on the lack of compliant bids received for duty solicitors in housing possession cases.

He covers a highly relevant case that missed the deadline for inclusion in the Senior Courts Costs Office guide, and discusses consumer protection following the recent Supreme Court judgment on the Quincecare duty where a customer was tricked by fraudsters.

For pure Gold, see here.

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
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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