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11 August 2023 / Dominic Regan
Issue: 8037 / Categories: Opinion , Profession
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The insider: 11 August 2023

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Dominic Regan highlights some key dates for your post-summer diary, & recounts the curious case of a particularly light-fingered solicitor…

The final countdown has begun. On 1 October, the new intermediate track comes into existence. A vast number of cases worth between £25,000 and £100,000 will be subject to a fixed costs matrix. No more costs management or detailed assessment. The way out is to issue proceedings before the date of implementation. That would appear to be easier said than done. On a recent trek around England, I was told over and over again that it was common for courts to take something between 40 and 50 days to get proceedings issued. On that basis—and appreciating that you may not be alone in making a final sprint to issue—one might be too late before this month is out!

For disease cases, one must fire off a compliant formal letter of claim before October. Injury claimants are in the best position for now. The new measures only apply where their cause of

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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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