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THIS ISSUE
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Issue: Vol 164, Issue 7590

17 January 2014
IN THIS ISSUE

Jon Robins observes the fallout from the recent legal aid protests

Are the Family Procedure Rules 2010 an Alsatian mongrel of dubious legality, asks David Burrows

Is it now easier for landlords to obtain possession from assured shorthold tenants? Nathaniel Duckworth & Daniel Robinson report

Keith Patten welcomes useful guidance about the role of foreseeability in the determination of breach of duty of care

Keith Davies examines the court’s approach to the right to protest on public land

David Finnerty provides advice on how to avoid a professional negligence claim in a contested probate case

Is mediation the key to solving MCA 2005 “best interests” disputes, asks Russell Caller

Samuda v Secretary of State for Work and Pensions and another [2014] EWCA Civ 1, [2014] All ER (D) 03 (Jan)

Gray v Smith and others [2013] EWHC 4136 (Comm), [2013] All ER (D) 237 (Dec)

Dar Al Arkan Real Estate Development Company (c) and another v Al-Sayed Bader Hashim Al-Refai and others [2013] EWHC 4112 (Comm), [2014] All ER (D) 07 (Jan)

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Results
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Results

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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