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THIS ISSUE
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Issue: Vol 172, Issue 8005

02 December 2022
IN THIS ISSUE
Professor Marc Weller provides a fascinating insight into the Supreme Court’s ruling that Westminster’s permission is required before a referendum on Scottish independence can go ahead. Professor Weller, of Cambridge University, examines the case, in this week’s NLJ.
‘Depicting the ECHR and HRA 1998 as alien intrusions undermining British sovereignty is historically illiterate,’ Sir Geoffrey Bindman KC writes in this week’s NLJ. Bindman asks: ‘What is behind this assault on the judiciary, the ECHR and HRA 1998?’
To what extent do the rules of the profession apply to non-solicitor employees? More than you may think. In this week’s NLJ, John Gould, senior partner at Russell-Cooke, writes: ‘Surprisingly, every employee within a firm is a regulated person whether or not they are personally engaged in reserved legal activity.’
Closed proceedings and covert medication? A recent case has created alarm. Is the Court of Protection too secretive? Are sufficient safeguards in place? In the first of a two-part series in NLJ, Dr Laura Davidson, of No5 Chambers, looks into a recent case concerning a vulnerable 20-year-old.
Falling out and making up again—what happens when a couple get divorced then reconcile? Writing in this week’s NLJ, family law solicitor-advocate and NLJ columnist, David Burrows looks at the legal implications of this rom-com scenario.
The ongoing assault on the judiciary, the European Convention on Human Rights & the Human Rights Act is authoritarian & undemocratic, says Sir Geoffrey Bindman KC
Getting back together? David Burrows examines the setting aside of divorce orders where a couple has reconciled
Closed proceedings & covert medication. In the first of a two-part series, Dr Laura Davidson asks if the Court of Protection has retreated to the realm of secrecy
The Supreme Court has ruled that a second referendum on Scottish independence cannot go ahead without Westminster’s permission: Marc Weller examines its judgment
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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