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20 January 2011 / Dominic Regan
Issue: 7449 / Categories: Blogs , Case law
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Strange but true

Dominic Regan believes there are odd cases…& odd judges to boot

The oldest tales here (and all are true) relate to Sergeant Arabin who sat at the Old Bailey between 1827 and 1841. He uttered some of the strangest pronouncements ever known but, guiltily, I see what he was getting at for most of the time. My utter favourite was: “If ever there was a case of clearer evidence than this of persons acting together this case is that case”.
He also came up with “no man is fit to be a cheesemonger who cannot guess the length of a street”. Megarry J collected several gems in an obscure tome called Arabinesque at Law published in 1969.

Handful

Moving to more recent times Melford Stevenson J was a right handful and the poor Lord Chancellors must have dreaded each day that he sat. He had odd views about most things including where people lived. In a divorce case he said of the husband: “He chose to live in Manchester, a wholly incomprehensible choice for

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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
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 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
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