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THIS ISSUE
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Issue: Vol 167, Issue 7742

12 April 2017
IN THIS ISSUE

As the Court of Appeal widens the application of the Montgomery consent test, Philippa Luscombe explores the implications for claimants

AB v Her Majesty’s Advocate (Scotland) [2017] UKSC 25, [2017] All ER (D) 14 (Apr)

PP v Home Office and another [2017] EWHC 663 (QB), [2017] All ER (D) 18 (Apr)

Jonathan Herring considers a tragic case concerning the right to withhold invasive medical treatment

Thales UK Ltd v Thales Pension Trustees Ltd and others [2017] EWHC 666 (Ch), [2017] All ER (D) 21 (Apr)

Finding the suit that’s right for you requires a little thought & consideration, as Dale Rhodes explains

Isle of Wight Council v Platt [2017] UKSC 28, [2017] All ER (D) 20 (Apr)

Alec Samuels suggests a solution to the problems at the Bar

Essop and others v Home Office (UK Border Agency); Naeem v Secretary of State for Justice [2017] UKSC 27, [2017] All ER (D) 12 (Apr)

Andrew Francis offers some best practice guidance when advising developers on applications under s 84 of the Law of Property Act 1925

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Results
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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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