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THIS ISSUE
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Issue: Vol 169, Issue 7848

12 July 2019
IN THIS ISSUE

Recommendations for the future of non-disclosure agreements in discrimination cases—Stephen Levinson takes the long view

As the FCA fines its first cartel, Diana Johnson considers the significance for competition lawyers

How long can a spouse or civil partner wait to take financial proceedings? David Burrows sifts the evidence

Nicholas Dobson applauds the elegance of the judgment in Lachaux, which gives a much clearer basis for future consideration of potentially defamatory material

In the first instalment of a two-part feature, Dr Nicholas Bevan, reflects on the ruling in MIB v Lewis & its implications for the UK’s compulsory third-party motor insurance regime

Bailiffs snoozing; missing but remembered; minor costs; real prospects; orders taken short

Both claimants & defendants should be aware of the negative impacts of universal credit, says Norman Challis

In the UK, it is the courts & not the government that determines a person’s guilt, explains Athelstane Aamodt

Small firms are luring solicitors away from Big Law in increasing numbers, according to the latest Bellwether report.
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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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