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THIS ISSUE
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Issue: Vol 171, Issue 7952

15 October 2021
IN THIS ISSUE
Jennifer Sole & Caspar Glyn QC explore the stark findings of the Employment Lawyers Association’s 2021 survey

Bypassing a judge; Mediation stays come early; DDJs forced out of home; Domestic abuse latest; Pandemic rent challenges; Small claim transcripts

Michael Hagan & Asela Wijeyaratne examine a case study on recovery under the Montreal Convention for psychological injury following aviation accidents
Dr Chris Pamplin finds courts are less draconian on delays in evidence where parties are not at fault
Mark Solon narrates a tale of two experts
Andrew Stafford QC & James Chapman-Booth explore the tort of conversion in the digital age
Tony Allen continues his series on the future of dispute resolution by exploring the concept (& reality) of compulsory ADR

‘This is a valuable addition to the bookshelf; not just for practitioners, but for those interested in —or simply curious about—the topics covered’

Sue Bent & Keith Wilding on how law centres can influence change in policy and law & tackle the causes of recurring problems
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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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