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14 June 2024 / Dominic Regan
Issue: 8075 / Categories: Opinion , Public , Litigation funding , Profession , Costs
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The insider: 14 June 2024

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Legislature reforms bite the dust, the judges who are happy with their lot, and a lack of costs transparency causes chagrin. Dominic Regan brings us up to date

The impending general election has seen off for now legislation that was in the pipeline. The Litigation Funding Agreements (Enforceability) Bill, designed to reverse the unhelpful PACCAR decision of 2023, has fallen away. Promised measures to bring in fixed costs on settlement for unissued clinical negligence cases worth up to £25,000 have also bitten the dust. In truth, the measures were inchoate. They were still a work in progress, despite an ambitious declaration that they would be introduced in October. Lord Justice Birss was troubled by what had been drafted.

Matthew Maxwell Scott of the Association of Consumer Support Organisations understands the intricate workings of the legislature and tipped me off last January about purdah. The announcement of an election means that the civil service pauses all but essential work and it eventually occurred to me that reforms to be

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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
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
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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