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21 October 2010
Issue: 7438 / Categories: Opinion , Personal injury
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A skeleton in the cupboard

Many commentators have reflected that the trade in cases, especially those of accident victims, between lawyers and referrers is unseemly, if not downright dodgy.

Integrity, inherent dislike & embarrassment. Jon Robins revisits the referral fee conundrum

Many commentators have reflected that the trade in cases, especially those of accident victims, between lawyers and referrers is unseemly, if not downright dodgy. Just the mention of the old Claims Direct (Shames Direct, as The Sun would have it) and TAG, both now bust, will remind lawyers of the scandal of genuine accident victims left penniless after damages were consumed by sundry legal expenses.

Guilty without trial

The Mail on Sunday earlier this year ran a report about conveyancing solicitors paying estate agents “bribes” to get work leaving “ordinary consumers, who ultimately pay for it…being ripped off”. “This is no different from paying dodgy sheiks for arms contracts and it undermines the integrity of the profession,” one non-paying lawyer told the MoS. Slightly overstating the case possibly; but the payment of referral fees is a debate

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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
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
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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