THIS ISSUE
Ten years ago, Sir Rupert Jackson’s civil costs review was a seismic event. How well have the ground-breaking reforms fared since? NLJ columnist Professor Dominic Regan takes a look at the Jackson legacy.
The use of deepfake technology is on the rise, and can look alarmingly realistic. Consequently, there is vast potential for harm. But can existing laws provide any protection against malicious use?
What exactly are reserved legal activities (RLAs), and what is meant by ‘conducting litigation’? It’s an area of the law rife with uncertainties, as shown by the recent case of Baxter v Doble.
Who put the civil into proceeds of crime cases? Civil remedies such as account freezing (AFOs) and forfeiture orders have come to dominate what was once an overwhelmingly criminal concern, Hickman & Rose partner Andrew Katzen and associate Olivia Dwan write in this week’s NLJ.
How have Sir Rupert Jackson’s ground-breaking reforms to civil procedure fared ten years on? Dominic Regan considers the work done & the work to come
Is the term ‘transparency’ an unlawful euphemism for open justice? David Burrows reviews the powers of the president of the Family Division to pilot transparency
Wearing too many hats? In this month’s brief, Ian Smith addresses the confirmation of the rule against multiple employers, lingering COVID fears at work, & civil proceedings orders
The High Court has provided welcome guidance on what exactly constitutes the conduct of litigation: Iain Miller & Charlotte Judd examine this perilously grey area of the law
Andrew Katzen & Olivia Dwan analyse what the growing dominance of civil proceedings in proceeds of crime means for practitioners
MOVERS & SHAKERS
Red Lion Chambers—Maurice MacSweeney
Set creates new client and business development role amid growth
Kingsley Napley—Tim Lowles
Sports disputes practice launchedwith partner appointment
mfg Solicitors—Tom Evans
Tax and succession planning offering expands with returning partner
NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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