THIS ISSUE

Issue: Vol 163, Issue 7587

06 December 2013

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IN THIS ISSUE

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New beginnings—or old history? Diane Parker examines the recent reforms to civil proceedings

Cross-border commuters struggle to illuminate the law. Charles Pigott reports

Confidentiality, privacy & disclosure: David Burrows revisits Tchenguiz in the first of two articles

The Supreme Court’s ruling that a school’s duty of care to a pupil is non-delegable is a significant development in tort, says Catherine Leech

John de Waal QC reports on an unsettling decision on the validity of contractual notices

There is a growing trend for courts to make awards of exemplary damages in civil claims where fraud is proven, as Anthony Johnson reports

BAT Industries PLC v Windward Prospects Ltd [2013] EWHC 3612 (Comm), [2013] All ER (D) 265 (Nov)

Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov)

Cavendish Square Holdings BV and another company v Makdessi [2013] EWCA Civ 1539, [2013] All ER (D) 290 (Nov)

Constantinides v Constantinides [2013] EWHC 3688 (Fam), [2013] All ER (D) 336 (Nov)

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MOVERS & SHAKERS

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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

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

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS

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‘Lost years’ precedent overturned

Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment

NLJ this week: Neutral counsel in a polarised age

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’

NLJ this week: Short lets & sharp covenants

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

NLJ this week: Justice at the algorithm’s edge

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

NLJ this week: When ‘milk’ really means milk

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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Issue: Vol 163, Issue 7587

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Gardner Leader—Michelle Morgan & Catherine Morris

Freeths—Carly Harwood & Tom Newton