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30 September 2022
Issue: 7996 / Categories: Legal News , Profession , Legal services
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NLJ this week: Judges get (too?) tough on judgment embargoes

Judges are responding to recent examples of judgment embargoes being breached by imposing conditions on parties, according to Mary Young and Rebecca Ryan in this week’s NLJ.

They are restricting numbers of recipients, prohibiting sharing and restricting recipients to counsel only. Moreover, as Young and Ryan write, ‘some drafts have been provided on extremely short notice, with clients, including in-house counsel and senior executives, briefed just an hour before hand-down, after counsel have had a short period to amend any factual or typographical errors. In these cases, parties and sometimes instructing solicitors have first had sight of the judgment at the same time as or as little as one hour before the public and press’.

Breaches of the embargo can be seen as contempt of court and are taken extremely seriously. Consequently, judges are reacting to the risk—however, this carries its own risks, as Young and Ryan report. Read the full article here.

Issue: 7996 / Categories: Legal News , Profession , Legal services
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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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