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10 April 2008 / Seamus Burns
Issue: 7316 / Categories: Features , Local government , Public , Legal services
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Paisley's legacy

How will the fledgling Northern Ireland Assembly fare post Paisley? asks Seamus Burns

The recent announcement by Ian Paisley that he was resigning his dual leadership roles, as First Minister of the Northern Ireland Executive and as Democratic Unionist Party (DUP) leader, almost a year after the restoration of a devolved power-sharing Assembly based in Stormont, Belfast, is perhaps an apposite time to assess the successes of the latest (hopefully permanent) attempt at devolving law-making powers to a region in the UK, and also to evaluate the robustness of institutionalised power-sharing as it meets the myriad challenges confronting the fledgling Assembly.
 
A Working Assembly

Since the Assembly's latest resurrection and reincarnation last May, the Assembly members (MLAs) have been exercising their new-found law-making powers to pass primary legislation under the Northern Ireland Act 1998 (NIA 1998)—effectively the written constitution of Northern Ireland.

Areas that the Assembly has no jurisdiction to legislate on—excepted matters—are defined fully in NIA 1998, Sch 2 and include: the Crown; the UK Parliament; Parliamentary elections;

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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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