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07 April 2023 / John Gould
Issue: 8020 / Categories: Features , Procedure & practice , Media , Immigration & asylum
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The BBC: under (political) pressure?

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Was the BBC’s handling of the Gary Lineker case about the perception of impartiality or of independence? John Gould puts the broadcaster’s guidelines under the microscope
  • The BBC’s error in its handling of the controversy surrounding Gary Lineker’s tweet criticising government rhetoric appears to have been that it abandoned rules and procedure, and instead became involved in a quasi-disciplinary process to try to produce an acceptable result for its stakeholders.

Every now and again, professional rules and guidelines become relevant to something which an ordinary person might care about. Fortunately this does not happen that often, but when it does, the plucky attempts of journalists to explain it all in less than 90 seconds or in a few column inches are rarely very successful. It is hard to simplify sub-clauses or gloss guidance. Clauses have no feelings to report; when they conflict, it isn’t at all the sort of conflict that makes good television.

What, I ask rhetorically, would someone care about if not Match of the Day

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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
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
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