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THIS ISSUE
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Issue: Vol 172, Issue 8004

25 November 2022
IN THIS ISSUE
NLJ columnist Jon Robins takes a look in this week’s issue at the recent Justice Committee report, 'Open justice: court reporting in the digital age', which revealed troubling truths about accountability and transparency in the justice system.
How high a hurdle must be cleared before a court will grant indemnity costs on the basis of unreasonable conduct? Writing in this week’s NLJ, Masood Ahmed, University of Leicester and Lal Akhter, Med Chambers, Leicester, tackle this important question.
In the first of a two-part NLJ series on fact-finding hearings, Sarah Hughes, partner, and Victoria Rylatt, senior associate, Anthony Gold, look at some of this year’s key cases. These cases have grappled with difficult issues but provide extremely useful guidance, the authors write.
With economic storm clouds brewing, lawyers need to identify where they are exposed and how best to mitigate any weak spots. 
With his front-row seat to the latest announcement on fixed costs, Professor Dominic Regan is well-placed to forecast what comes next, in this week’s NLJ.
Jon Robins charts the demise of media reporting from the courts & the impact on transparency in the justice system
Dominic Regan sees February and October in the fixed costs tea leaves, predicts Belsnerphobia in Wolverhampton, and shares the joy of swag
Sarah Hughes & Victoria Rylatt set out recent case law on fact-finding hearings in private children proceedings
How to tell who is telling the truth? Theo Huckle KC sets out some valuable guidance from the courts on assessing a witness’s honesty
Portal welcomes counsel; charity relaxations; Wales wins in extra time; Mostyn J overcomes authority; Parliament tough on CPR.
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Results
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Results

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
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
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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