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10 February 2021 / Dominic Regan
Issue: 7920 / Categories: Opinion , Procedure & practice
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The insider: 12 February 2021

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In his new column, NLJ columnist Dominic Regan shares his insights and predictions for litigators in and out of court

Our new Master of the Rolls is a formidable character. Some will remember him for his annihilation of media star personality Chris Evans (pictured) when defending an action brought against SMG Television (Evans v SMG Television and others [2003] EWHC 1423 (Ch)). As the judge (Lightman J) observed: ‘Mr Evans could be very difficult (plainly an understatement)’.

Agenda

What is on the agenda of Sir Geoffrey Vos QC? While I have never met the man, I have taken note of his views expressed when off the Bench.

  • He thinks that the courts should recognise the time has come to address judge-led mediation. The old authority of Halsey back in 2004 has been widely criticised. Alternative dispute resolution is a noble pursuit and should be embraced by the judiciary and litigants.
  • He has expressed disquiet about the relentless flow of decisions about the workings of Part 36, a measure implemented
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Nottinghamtrusts, estates and tax team welcomes two senior associates

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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