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15 April 2016 / Roger Smith
Issue: 7694 / Categories: Opinion
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​Two steps forward...

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Roger Smith reports on legal developments at home & away

 

Three stories from three continents this month: two relating to the frontiers of the future and the third a throwback to more unfortunate times.

Law Society Legal Aid Conference

The Law Society’s reputation among legal aid practitioners has not been of the highest in recent years. Des Hudson’s exit as chief executive was, of course, hastened by an ill-advised strategy of cosying up to government. The Society’s annual legal aid conference has not, perhaps in consequence, been the highlight of many legal aid practitioners’ recent years. However, its 2016 edition was, to be fair, rather good. My sense was that, having been hit for six, legal aid practitioners were beginning to regroup and that this was reflected in some of the contributions to the conference. For me, the best speakers were two in the last session. One was Corry van Zeeland from The Netherlands. She talked about how the Dutch Rechtwijzer (now rebranded ReWire) project that is developing offshoots in British Columbia, MyLawBC, and here in

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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
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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