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THIS ISSUE
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Issue: Vol 171, Issue 7947

10 September 2021
IN THIS ISSUE
Are claims in trespass & nuisance mutually exclusive? Mark Pawlowski investigates intrusions which are more than meets the eye
What implications does the Merricks v Mastercard case have for insurers and consumers?
CILEx Regulation has appointed the University of Law as its training and assessment provider for practice rights. Chartered Legal Executives can now obtain the right to practise one or more reserved areas of activity by completing an assessment of competence
Climate laws such as the UK’s Climate Change Act 2008 are under-delivering on net-zero goals, a report by environmental law firm ClientEarth has found
The Solicitors Qualifying Exam (SQE) launched this month, marking the biggest change to qualification routes in 30 years
Fewer than 50% of mid-sized businesses have a formal process in place to track off-payroll workers, despite the IR35 rules for the private sector coming into force five months ago, according to research by accountancy firm BDO
The Big Four accountancy firms are cornering the legal market in a far more sophisticated way than simply poaching work from law firms, according to an investigative report by LexisNexis Legal & Professional
Fixed recoverable costs are to be extended to all cases in the fast track (valued up to £25,000) and, via a new regime, to ‘simpler’ cases valued up to £100,000, the Lord Chancellor, Robert Buckland QC has confirmed
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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