THIS ISSUE
Former district judge Stephen Gold covers the legal issues and remedies where a lawyer makes a harmless error, in this week’s NLJ. Gold notes the court’s view, in the particular case mentioned, that ‘the court should not punish a party for the harmless error of its legal representatives’.
Can the Law Commission’s consultation finally deliver radical reforms 30 years in the making? Martin Rackstraw weighs up the issues at hand
Whiplash mini-rise; discrimination bands up; apologies OK; wrong defendant blues; non-binary name change.
Dr Chris Pamplin explores evidence of fact among ‘the tangled thicket’ of expert evidence
Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman
Disputes over pets during divorce are on the rise. In this week’s NLJ, Shivi Rajput, partner at Stowe Family Law, looks at recent developments in the law.
Is it possible to own a freehold or leasehold estate in a tree? Mark Pawlowski digs deep
Planned cuts to the Civil Service risk adding further pressure to a public court system already at breaking point: Mark Jones & Alex Curran report on the deepening crisis
Experts can give evidence that is then considered factual rather than expert evidence within CPR 35. In this week’s NLJ, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, explores the fine line between evidence of fact and expert opinion.
The wrongful convictions of innocent sub-postmasters and of Andrew Malkinson, who was also entirely innocent, are shocking. The appeals system has been in need of ‘radical overhaul’ for decades, Martin Rackstraw, criminal partner at Russell-Cooke, writes in this week’s NLJ.
MOVERS & SHAKERS
Boies Schiller Flexner—Tim Smyth
Firm promotes London international arbitration specialist to partnership
Katten Muchin Rosenman—James Davison & Victoria Procter
Firm bolsters restructuring practice with senior London hires
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HFW—Guy Marrison
Global aviation disputes practice boosted by London partner hire
NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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