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28 May 2021
Issue: 7934 / Categories: Legal News , Procedure & practice , CPR , Personal injury
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NLJ this week: Rent, road traffic and a watery estate

28850
Possession laws and coronavirus regulations have together knitted a jumble sale of dates, deadlines, notice periods and requirements. 

In this week’s Civil Way, former District Judge Stephen Gold sorts through the rules. Noting that ‘small personal injury road traffic claims go barmy on 31 May 2021’, he covers CPR updates.

Gold also reports how water damage on an estate in central London was to cost the right to buy lessees £72,000 each due to a historic lease until the courts found a way forward. Gold shines a light on all this and more, on p18

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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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