THIS ISSUE
Keir Starmer says the UK won’t rejoin the EU in his lifetime. David Wolchover looks back at the withdrawal process & re-examines the legality of Brexit
Former district judge Stephen Gold sounds a ‘sanctions alert’ for those filing judicial review applications, in this week’s ‘Civil way’ column
What constitutes nuisance when foul water escapes from overloaded sewers? Richard Buckley examines two cases, showing a change in water companies’ liability
Fixed costs in intermediate track cases: how to calculate what’s recoverable, by John O’Hare
The Online Safety Act 2023 aims to tackle illegal content. Claire Cross & Eve Campbell explain the new duties on service providers
Costs are an essential part of litigation but can be baffling for lawyers. Help is at hand in this week’s NLJ, with no less than two articles on this hugely important topic
Dishonest solicitors & aggregation clauses: Christopher Stanton explains how recent rulings have exposed insurers to further liabilities
Claudine Morgan & Mary Barrett on why defendants should not presume their costs will be met when claims are discontinued
The Online Safety Act 2023 aims to tackle illegal content, but what are the duties on service providers?
MOVERS & SHAKERS
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
Regional law firm expands employment team with partner and senior associate hires
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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