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02 July 2020 / Stephen Gold
Issue: 7893 / Categories: Features , Procedure & practice , Civil way , Covid-19
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Civil way: 3 July 2020

Forfeiture forfeited; LiPs misbehaving; The peril of Airbnb lettings; Gas certificate relief; No fault divorce near & far; Family on the air; Special Guardianship guidance

COVID BUBBLES

The business of rent arrears Enforcement of forfeiture and re-entry rights on the ground of rent arrears for business premises in England was paralysed by s 82 of the Coronavirus Act 2020 until 30 June 2020. The paralysis has been extended to 30 September 2020 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020 (SI 2020/602). It is limited to a tenancy to which Pt 2 of the Landlord and Tenant Act 1954 applies or would apply if any relevant occupier were the tenant.

Bailiffs Off The non-availability of court bailiffs to serve Pt 4 Family Law Act 1996 orders—the applicant shall not personally serve a la FPR 10.6—is causing problems during COVID-19 which is on the rule committee’s agenda for consideration next week. Alternative service by email or text is being frequently ordered but could

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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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

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

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

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’
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’
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