THIS ISSUE

Issue: Vol 164, Issue 7617

01 August 2014

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IN THIS ISSUE

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Lord Dyson sends CJC costs committee back to drawing board

Three recent stories underline the meaning of the rule of law in modern constitutions & politics, says Roger Smith

The elements of harassment have been re-emphasised, observes Mark Whitcombe

The Assisted Dying Bill as currently drafted is highly unsatisfactory & in need of significant amendments, say Khawar Qureshi QC & Catriona Nicol

A recent case sends a warning to any parent who suspects the other of sexual abuse, as Jonathan Herring reports

Robert Kay examines the approach to multi-tiered dispute resolution clauses

Crawford v Jenkins [2014] EWCA Civ 1035, [2014] All ER (D) 241 (Jul)

Coventry and others v Lawrence and another (No 2) [2014] UKSC 46, [2014] All ER (D) 226 (Jul)

Enterprise Holdings Inc v Europcar Group Ltd and another [2014] EWHC 2498 (Ch), [2014] All ER (D) 246 (Jul)

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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: 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

NLJ this week: Civil practice with claws & caution

From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit

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Issue: Vol 164, Issue 7617

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Gardner Leader—Michelle Morgan & Catherine Morris

Freeths—Carly Harwood & Tom Newton