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01 February 2013 / Nicholas Bevan
Issue: 7546 / Categories: Features , Insurance / reinsurance , Personal injury
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On the right road?

In the first of a special NLJ series, Nicholas Bevan takes the government to task over failures to compensate RTA victims

Last year leave to appeal was sought from the Court of Appeal in three cases featuring our national law provision for guaranteeing that victims of motor vehicle incidents recover their full compensatory entitlement. It is to be hoped that at least one will be heard by the Supreme Court in 2013. If these appeals proceed, the Supreme Court will have to grapple with what appears to be a growing divergence between our domestic law in this area and the more generous provision required by the European Motor Vehicle Insurance Directives. This issue has important implications for insurer and victim alike.

The purpose of this series is to provide timely practical guidance for practitioners on how they should interpret our national law provision in this field of practice correctly. The need for clarification in this area is urgent as our national courts have been approaching the interpretive task from the wrong direction.

Where

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MOVERS & SHAKERS

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

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
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
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
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