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03 March 2017 / Brice Dickson
Issue: 7736 / Categories: Features , In Court
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Supreme justice

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Brice Dickson examines the activity of the Supreme Court in 2016

The only change to the composition of the Supreme Court during 2016 was the retirement of Lord Toulson in September. The court decided not to immediately appoint a replacement but to await the retirement of Lord Neuberger (the President) and Lord Clarke in the summer of 2017. Lords Hughes, Mance and Sumption are due to retire in 2018. A competition to find three replacement Justices began in February and a second competition for three more will take place in 2018.

In the meantime Lord Toulson and Lord Dyson (who retired as Master of the Rolls in 2016) have joined the Supplementary Panel of retired senior judges who can sit in the Supreme Court as and when required. They are eligible to do so until they reach the age of 75 or until five years have elapsed since they last held office as a senior judge. Two retired Scottish judges, Lord Gill and Lord Hamilton, are already members of the Panel.

The output

In 2016

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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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