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14 June 2007 / Michael Garson
Issue: 7277 / Categories: Features , Property
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Turning of the tide?

Should property lawyers be bracing themselves for more radical reform? Michael Garson reports

On 22 May 2007, the Communities Minister, Ruth Kelly, announced of yet another policy shift in respect of the commencement date for home information packs (HIPs). As with the announcement concerning the fate of the compulsory home condition report on 18 July 2006, this latest announcement was as hurried and ill-prepared as it was unexpected.
It followed assertions in the House of Commons on 16 May 2007 that 1 June would mark the implementation date under the timeline to which the government was committed and the industry had been working for the last 15 months. The reason admitted for the policy climb-down turns out to be a familiar one, as it emerged that only 520 energy assessors were qualified and registered to carry out energy inspections and issue certificates at that time. Last year it was the failure to meet the minimum target number of 4,500–7,000 qualified home inspectors.

There are a number of aspects to review as the next move

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

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
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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