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THIS ISSUE
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Issue: Vol 164, Issue 7610

13 June 2014
IN THIS ISSUE

David Burrows questions if the exceptional cases legal aid legislation is being properly applied

It’s not all doom & gloom for legal aid & human rights lawyers, says Roger Smith

Easy to spot but difficult to prove, John de Waal QC reports

David Short examines the possibility of the relatives of mesothelioma victims making claims north of the border

Michael Nash examines the legal conundrum of an independent Scotland’s application to the EU

Robert Jordan considers applications to suspend discharge of a bankruptcy order

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB), [2014] All ER (D) 31 (Jun)

R (on the application of TD) v Metropolitan Police Commissioner [2014] EWCA Civ 585, [2014] All ER (D) 37 (Jun)

Price v Price [2014] EWCA Civ 655, [2014] All ER (D) 28 (Jun)

Collins v Secretary of State for Business Innovation and Skills and another [2014] EWCA Civ 717, [2014] All ER (D) 44 (Jun)

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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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