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30 January 2015
Issue: 7638 / Categories: Case law , Law digest , In Court
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Practice

Re K and H (Children: unrepresented father: cross-examination of child) [2015] EWFC 1, [2015] All ER (D) 23 (Jan)

The present proceedings concerned issues arising out the father’s status as a litigant in person. The Family Court held that, where a party was unrepresented and “unable to examine or cross-examine a witness effectively,” the court had a duty to assist that party, under s 31G(6) of the Matrimonial and Family Proceedings Act 1984. Where the court was satisfied that it was not “appropriate” for the judge to put questions to an alleged victim, the court had to arrange for a legal representative to be appointed to put those questions. Further, the court might direct that the costs of such a representative be borne by Her Majesty’s Courts and Tribunals Service.

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NLJ Career Profile: Ken Fowlie, Stowe Family Law

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Regional law firm expands employment team with partner and senior associate hires

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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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